Our Terms and Conditions require all users and account owners to be at least 18 years of age. Minors under 18 years of age and at least 13 years of age are permitted to use the Services only if the appropriate permission has been granted and direct supervision by the owner of the account is present. Children under age 13 are not permitted to use the Services. You are responsible for any and all account activity conducted by a minor on your account.
By using the Services, you acknowledge that LOTISH will use your information in the United States and any other country where LOTISH operates. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal information only to these countries to which we are permitted by law to transfer personal information.
Information Collected or Received.
Registration, Account Setup, Service Usage: You will need to provide us with a valid email address to register with our Services and enable us to provide you with the Services. Depending on which services you acquire from us, additional information like billing address and payment information, telephone number, and/or a physical postal address, may be necessary in order for relevant service to be rendered. You are not required to provide us with this information to sign up, but we will need it to provide certain services. For example, we need a physical postal address if you are buying something from the Site for delivery. Although we do not directly process / store your credit card / PayPal account information, our payment processing gateway Braintree (the 'Payment Gateway') may process such information with you directly from your browser to their server through a secured communication protocol HTTPS. Depending on your local jurisdiction, you can also choose to allow the Payment Gateway to save your credit card information to facilitate the checkout process for future purchases.
Profile: You may provide your name and other personal information in connection with your account and activity. You can edit or remove this information through your account settings.
The username, full name, bio and relevant social media links associated with your account, which you may review and change in your account settings, may publicly displayed on the Site. Other people may also see designs you created on the Site that are not set to private, which the public/private settings can be amended on the corresponding design detail page.
Automated Information: The Site automatically receives and records information from your browser or your mobile device when you visit the Site or use certain other Services, such as your IP address or unique device identifier, cookies and data about which pages you visit in order to allow us to operate and provide the Services. This information is stored and collected automatically. We may combine this information from your browser or your mobile device with other information that we or our partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyze and understand how the Services work for members and visitors, and to provide advertising, including across your devices, and a more personalized experience for members and visitors.
We may also automatically collect device-specific information when you install, access, or use our Services. This information may include information such as the hardware model, operating system information, app version, app usage and debugging information, browser information, IP address, and device identifiers. For more information about these online tools and how we use them, see "Information Uses, Sharing & Disclosure" section below.
Location Information: We may collect information about your use of the Services for advertising, analytics, to serve content and to protect the Services, including your IP address, browser information (including referrers), device information (such as iOS IDFA, IDFV for limited non-advertising purposes, Android AAID, and, when enabled by you, location information provided by your device).
We may obtain location information you provide in your profile or your IP address. With your consent, we may also determine location by using other information from your device, such as precise location information from GPS or information about wireless networks or cell towers near your mobile device. We may use and store information about your location to provide features and to improve and customize the Services, for example, for our internal analytics and performance monitoring; localization, regional requirements, and policies for the Services; for local content, search results, and recommendations; for mapping services; and (using non-precise location information) marketing. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you may revoke your consent to the sharing of that information through the settings on the Apps or on your mobile device. Certain non-precise location services, such as for security and localized policies based on your IP address or submitted address, are critical for the site to function. We will only share your geo-location details with third parties (such as Paymenet Gateway, or, to the extent applicable, advertising providers) in order to provide you with the Services. You may also choose to enable the Apps to access your mobile device’s camera to upload photographs to the Site.
Analytics Information: We use data analytics to ensure site functionality and improve the Services. We use mobile analytics software to allow us to understand the functionality of the Apps on your phone. This software may record information such as how often you use the Apps, what happens within the Apps, aggregated usage, performance data, app errors and debugging information, and where the Apps were downloaded from. We do not link the information we store within the analytics software to any personally identifiable information that you submit within the mobile application.
Information from Third Parties: Some members or visitors may choose to connect to LOTISH or register an LOTISH account using an external third-party application, such as Facebook or Instagram. LOTISH may receive information from those connected third-party applications. Connecting your LOTISH account to third-party applications or services is optional. If you choose to connect your account to a third-party application, LOTISH may receive information from that application. We may also collect public information in order to connect with you. We may use that information as part of providing the Services to you. You can also choose to share some of your activity on LOTISH on certain social media networks which are connected to your LOTISH account, and you can revoke your permission anytime in your third-party application account settings.
Non-Member Information: The Site may receive or obtain information (for example, an email address or IP address) about a person who is not yet a registered LOTISH (a “non-member”) in connection with certain the Site's features, such as when a non-member chooses to subscribe to an LOTISH newsletter, a member invites a non-member to visit the Site, a non-member engages in a transaction, or a member sends a gift card code to a non-member, or a non-member uses the Guest Checkout feature when making a purchase through one of the Services. Non-member information is used only for the purposes disclosed when it was submitted to LOTISH or to facilitate action authorized by the non-member.
Choice & Control. The Site gives you the choice of providing, editing or removing certain information, as well as choices about how we contact you. You may change or correct your account information through your account settings. You may also remove certain optional information that you no longer wish to be publicly visible through the Services, such as your designs. You can also request the deletion of the personal information in your account by emailing us at hello@LOTISH.com.
Depending on your location, you may also have certain additional rights with respect to your information, such as: (i) data access and portability (including the right to obtain a copy of your personal data you provided by emailing us); (ii) data correction (including the ability to update your personal data, in many cases via settings); (iii) data deletion (including the right to have LOTISH delete your personal information, except information we are required to retain such as shipping address information that is associated with an active purchase order, by contacting us); and (iv) withdrawal of consent or objection to processing (including, in limited circumstances, the right to ask LOTISH to stop processing your personal data, with some exceptions, by contacting us).
You may also control the receipt of certain types of communications from LOTISH in your account settings or in unsubscription link in emails you receive from us. LOTISH may send you messages about the Services or your activity. Some of these messages are required, service-related messages for members (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can unsubscribe from the corresponding emails by clicking the unsubscription link in the emails.
If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may close your account in your account settings page on the Site.
Correspondences from LOTISH. LOTISH may need to contact you on and off. Primarily, these correspondences are delivered by email or by push notifications, and every account is required to keep a valid email address on file to receive such messages. Shipping agent of LOTISH may also contact you by telephone to provide delivery service should you place an order with us and left your telephone number in the order form. Additionally, and with your consent, LOTISH may send you message or e-mail in order to provide you with customer support or to provide you with information about products and features that you may find of interest. You may update your contact preferences in your account settings.
Some messages from LOTISH are service-related and necessary for members and Guest Checkout users. You agree that LOTISH can send you non-marketing emails or messages, such as those related to transactions, your account, security, or product changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, service availability, modification of key features or functions, relaying conversations with buyers, and correspondence with LOTISH's customer service team.
When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number such as for a Guest Checkout purchase, you receive notice of and agree (in some jurisdictions and situations, by an additional unambiguous consent) to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails through the opt-out link included in marketing emails or messages. Members may also control some marketing emails or messages through their account settings as well as through the opt-out link included in marketing emails or messages.
Information Uses, Sharing & Disclosure. When you access or use the Services, we collect, use, share, and otherwise process your personal information as described in this policy. We rely on a number of legal bases to use your information in these ways. These legal bases include where:
necessary to perform the contractual obligations in our Terms and Conditions and in order to provide the Services to you;
you have consented to the processing, which you can revoke at any time;
necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims;
necessary for the purposes of our or a third party’s legitimate interests, such as those of visitors, members, or partners;
you have expressly made the information public;
necessary in the public interest; and
occasionally necessary to protect your vital interests, or those of others.
Note that we principally rely on consent (i) to send marketing messages, (ii) for third-party data sharing related to advertising, and, to the extent applicable, (iii) for the use of location data for advertising purposes.
Where we process your information on the basis of legitimate interests, we do so as follows:
Providing and improving our Services: We may use your information to improve and customize our Services, including sharing of your information for such purposes, and we do so as it is necessary to pursue our legitimate interests of improving our Services for our users. This is also necessary to enable us to pursue our legitimate interests in understanding how our Services are being used, and to explore and unlock ways to develop and grow our business. It is also necessary to allow us to pursue our legitimate interests in improving our Services, efficiency, interest in Services for users and obtaining insights into usage patterns of our Services.
Keeping our Services safe and secure: We may also use your information for safety and security purposes, including sharing of your information for such purposes, and we do so because it is necessary to pursue our legitimate interests in ensuring the security of our Services, including enhancing protection of our platform against spam, harassment, intellectual property infringement, crime, and security risks of all kind.
We respect your privacy. LOTISH will not disclose your name, email address or other personal information to third parties without your consent, except as specified in this policy.
We use your information to provide and improve the Services and our products, for billing and payments, for identification and authentication, for targeted online and offline marketing including through tools like Facebook Custom Audience and Google Customer Match, to contact members or interested parties, and for general research and aggregate reporting. We may learn the sorts of products that you are interested in from your browsing and purchasing behavior on (and off) the Site and suggest potential purchases as a result. As a core part of our Services, we have a legitimate interest in customizing your on-site experience to help you discover relevant items and recommended purchases. Similarly, we may advertise our Services through a variety of different mediums and rely on your consent to do so off-site. As part of this, we may work with advertising partners such as Facebook or Google.
Buying: As part of the buying process, LOTISH will facilitate the sharing of information of the member's shipping address and payment information to relevant payment/shipping agents. By making a purchase on the Site, you are directing us to share your information in this way. Since this is an important part of the Services we provide, we need to do this in order to perform our obligations under our Terms and Conditions.
Legal and Safety: LOTISH may also retain, preserve, or release your personal information to a third party in the following limited circumstances: in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements; to protect, establish, or exercise our legal rights or defend against legal claims, including to collect a debt; to comply with a subpoena, court order, legal process, or other legal requirement; or when we believe in good faith that such disclosure is reasonably necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our property, or violations of LOTISH's Terms and Conditions. In these cases, our use of your information may be necessary for the purposes of our or a third party’s legitimate interest in keeping our Services secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage. Such use may also be necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims. It may also be necessary in the public interest (such as to prevent crime) or to protect vital interests (in rare cases where we may need to share information to prevent loss of life or personal injury).
If LOTISH receives a lawful, verified request for a member’s records or information in one of the limited circumstances described in the previous paragraph, LOTISH may disclose personal information, which may include, but may not be limited to, a member's name, address, phone number, email address, and company name.
Affiliated Businesses: LOTISH is affiliated with a variety of businesses and works closely with them for a variety of purposes, including assisting us to perform and improve the Services. These businesses may sell items or services to you through the Services or, with your consent, offer promotions (including email promotions) to you. LOTISH may also provide services or sell products jointly with affiliated businesses, including providing information to such partners to allow them to more effectively market to you. When an affiliated business assists in facilitating your transaction, we may need to share information related to the transaction with that affiliated business in order to facilitate your transaction, and this forms part of the Services we provide in accordance with our Terms and Conditions. We rely on consent (which can be withdrawn at any time) to send marketing messages and for third-party sharing relating to advertising.
Aggregated Information: LOTISH may share demographic information with business partners, but it will be aggregated and de-personalized, so that personal information is not revealed.
Service Providers: LOTISH also needs to engage third-party companies and individuals (such as payment processors, research companies, and analytics and security providers) to help us operate, provide, and market the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf, and are obligated to LOTISH not to disclose or use your information for other purposes. Our engagement of service providers is often necessary for us to provide the Services to you, particularly where such companies play important roles like processing payments and shipments and helping us keep our Service operating and secure. In some other cases, these service providers are not strictly necessary for us to provide the Services, but help us make it better, like by helping us conduct research into how we could better serve our users. In these latter cases, we have a legitimate interest in working with service providers to make our Services better.
We can speak only for ourselves; this policy does not apply to the practices of third parties that LOTISH does not own or control or individuals that LOTISH does not employ or manage. If you provide your information to others, different practices may apply to the use or disclosure of the information that you provide to them. LOTISH does not control the privacy policies of third parties, including other members who sell using the Services. LOTISH is not responsible for the privacy or security practices of these other websites on the Internet, even those linked to or from the Services. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them. For the purposes of European law, these third-parties are independent controllers of data, which means that they are responsible for providing and complying with their own policies relating to any personal information they obtain in connection with the Services.
Transfers. LOTISH operates a global service. The United States, European Economic Area (“EEA”) Member States, and other countries all have different laws. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your information is in the United States, it may be accessed by government authorities in accordance with United States law.
Security. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and after it is received. Your account information is protected by a password chosen by you, and which its non-encrypted form is not permanently stored on our premises. It is important that you protect against unauthorized access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services. If you have any questions about the security of your personal information, you can contact us at hello@LOTISH.com.
LOTISH's Site is accessible only through an encrypted channel secure socket layer technology (SSL). LOTISH follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and after it is received. Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.
Retention. LOTISH will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your LOTISH member account), as described in this policy, or as needed to provide the Services to you. If you no longer want LOTISH to use your information to provide the Services to you, you may close your account. LOTISH will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. Please note that closing your account may not free up your email address, username, or shop name (if any) for reuse on a new account. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.
Your Rights. You may benefit from a number of rights in relation to your information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your personal information, you can do so via your LOTISH account settings or by contacting us. Upon request, LOTISH will provide you with information about whether we hold any of your personal information. By visiting your account settings, you can access, correct, change, and delete certain personal information associated with your account. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your personal information. In certain circumstances, you also have the right to request the deletion of your personal information, and to obtain a copy of your personal information in an easily accessible format. If you need further assistance, you can contact LOTISH through one of the channels listed below under "Contact". We will respond to your request within a reasonable timeframe.
If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing purposes, you can always object using the unsubscribe link in such communications.
Withdrawing Consent. Where you have provided your consent, you have the right to withdraw your consent to our processing of your information and your use of the Services. For example, you can withdraw your consent to email marketing by using the unsubscribe link in such communications. You can choose to withdraw your consent to our processing of your information and your use of the Services at any time by closing your account through your account settings and then emailing hello@LOTISH.com to request that your personal information be deleted, except for information that we are required to retain. This deletion is permanent and your account cannot be reinstated, and corresponding Services that require such information to render would no longer be available.
Terms and Conditions. Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at http://www.LOTISH.com