EFFECTIVE DATE: July 30, 2024
Milena Fashion Co, (“We” or “Milena Fashion Co”) is the operator of the website located at www.milenafashionco.co.za (the “Website”). This Agreement governs your use of the Website, your purchase of any products from Milena Fashion Co (the “Products”), or receipt of any services from Milena Fashion Co (the “Services”).
The Website, Products, and Services are offered subject to your acceptance of these Terms of Service (“Terms” or “Agreement”). These Terms constitute a legally binding agreement between you and Milena Fashion Co, and you should read them carefully. By agreeing to these Terms, you also agree to the Milena Fashion Co’s Privacy Policy, Promo Terms and Conditions, and all other Milena Fashion Co policies found at www.milenafashionco.co.za, each of which is expressly incorporated by reference herein.
User Obligations
By downloading, accessing or using the Website, you represent that you are at least eighteen (18) years old or the legal age of majority, whichever is greater, and you are agreeing to these Terms. You also agree to abide by all applicable local state laws and regulations with respect to your use of the Website. You further represent you shall at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to Milena Fashion Co through the Website. You shall only use the Website as permitted by this Agreement, and you shall not use the Website or the Content for any commercial, political, obscene, illegal, or inappropriate purpose. Milena Fashion Co reserves the right, in its sole discretion, to terminate your access to the Website for any or no reason. If you register for an account on the Website, you may be required to designate an email address and password, and there may be additional requirements as designated by Milena Fashion Co from time to time. You agree to assume all responsibility concerning your use of the Website, including all activity occurring through your password (and related account access). You shall immediately notify Milena Fashion Co if you suspect or become aware of any loss, theft, or unauthorized use of your password.
Purchases through the Website
All purchases made through the Website are subject to our acceptance. This means that we may refuse to accept or may cancel any transaction, in our sole discretion, and without liability to you or any third party. The Website does not permit orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website. Milena Fashion Co expressly conditions its acceptance of your order on your agreement to these Terms, and to all additional terms and conditions that are provided to you on the Website that govern your purchase of certain Products. By ordering Products through the Website, you agree to provide true, accurate, current, and complete information. Milena Fashion Co reserves the right without prior notice to discontinue or change specifications and prices on Products offered on and outside of the site without incurring any obligation to you. Prices and availability are subject to change without prior notice, and Milena Fashion reserves the right to revoke any offer to correct any errors, inaccuracies, or omissions.
Milena Fashion Co wants you to be satisfied with your purchases from this Website. If you wish to return a product, please review our Return Policy, which are incorporated herein by reference.
Website Ownership and Content
The Website contains materials including, but not limited to, text, images, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, and the overall arrangement or “look and feel” of such materials including copyrightable material, as well as trademarks, logos, and service marks that belong to either Milena Fashion Co, its licensors, licensees or other third parties (collectively the “Content”). The Website and the Content are owned, licensed, or controlled by Milena Fashion Co, its licensors, and certain other third parties, and all right, title, interest in and to the Content and the Website are the property of Milena Fashion Co, its licensors, or certain other third parties. By using the Website, you will not obtain any ownership or intellectual property or other interest in any item or content on the Website. Subject to your agreement and compliance with this Agreement, Milena Fashion Co grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable license to access, display, view, and use the Content on the Website for your own personal, non-commercial use only. You agree that Milena Fashion Co may immediately and, without notice to you, suspend or terminate the availability of the Website, its Content, or the Products without any liability to you or any third party.
User-Generated Content
By submitting or posting any materials or content on the Site (“User-Generated Content”), you grant to Milena Fashion Co a perpetual, irrevocable, royalty-free, worldwide, royalty-free, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and sublicense such materials or any parts of such materials. You hereby represent, warrant and covenant that any User-Generated Content you provide does not violate any law or the rights of any third party, and you have full right to grant Milena Fashion Co the license specified above. Milena Fashion Co shall be entitled to use any User-Generated Content without incurring obligations of confidentiality, attribution or compensation to you.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE, AND ALL CONTENT, PRODUCTS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. MILENA FASHION CO DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE WEBSITE APP WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL MILENA FASHION CO OR ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY CLAIM, CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE RETURN POLICY, THE SHIPPING POLICY, THE PRODUCTS, OR YOUR USE OF THE WEBSITE OR ANY PRODUCTS.
Dispute Resolution:
Milena Fashion Co will be happy to handle your queries and disputes.
PRIVACY POLICY
Effective as of July 30, 2024.
This “Privacy Policy” describes the privacy practices of Milena Fashion Co and our subsidiaries and affiliates (collectively, “Milena Fashion Co”, “we”, “us”, or “our”) in connection with the https://www.milenafashionco.co.za/ website, the Milena Fashion Co mobile application, and any other online services that we control and which post or link to this Privacy Policy (the “Service”), and the choices available to you with respect to your personal information.
For purposes of this Privacy Policy, unless otherwise stated, “personal information” means information relating to an identified or identifiable individual, and does not include aggregate information or information that does not identify you.
This Privacy Policy does not apply to the processing of personal information by third parties or personal information collected in the context of your employment with us.
For our contact details, see the Contact Us section below.
Table of Contents
Personal Information We Collect
How We Use Your Personal Information
How We Disclose your Personal Information
Your Privacy Choices
Third Parties
Security Practices
Retention
Children
Changes to this Privacy Policy
Contact Us
Cookie Policy
Personal Information We Collect
We collect personal information about you in a variety of contexts, as described below.
Personal information you provide to us through the Service
When you use the Service, you may be asked to provide personal information to us, such as when you register an account, make a purchase, sign-up for our marketing materials , participate in a promotion, respond to our surveys, or contact support. The categories of personal information we collect include:
Contact identifiers, such as your first and last name, email address, postal address, and phone number.
Characteristics or demographics, such as your age, date of birth, gender, and country.
Commercial or transaction data, such as records of products or services you purchased, obtained, or considered, including your order history and order details.
Profile data, such as your interests and preferences.
Account credentials, such as your password, password hints, and other information for authentication or account access.
Payment information, such as your payment instrument number (such as a credit or debit card number), expiration date, and security code as necessary to process your payments. This information is processed by our payment processors.
Communications, such as any content you provide when you contact us with questions, feedback, survey responses, or otherwise correspond with us.
User-generated content, such as any content you provide when you publicly post (including product reviews).
Contact identifiers for other individuals, such as first and last name, email address, and postal address about others for whom you purchase an item or gift.
Please do not provide any personal information that we do not request.
Automatic collection of personal information from your browser or device
When you use the Service, we and third parties we work with may automatically collect personal information from your browser or device. The categories of personal information we automatically collect include:
Device identifiers, such as your device’s IP address and Ad Id.
Device data, such as your device’s operating system type and version number, manufacturer and model, browser type, screen resolution, and regional and language settings.
Internet activity data, such as your browsing history and interactions, pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, items placed in your shopping cart and items abandoned, access times, and duration of access.
Non-precise location data, such as general location derived from an IP address that indicates city or postal code level.
Precise location data, such as latitude/longitude, with your consent.
This automatic data collection is facilitated by cookies and similar technologies incorporated into our Service. See our Cookie Policy for details.
Personal information from business relationships.
Through our business relationships with you, we collect personal information about you such as your contact identifiers. This information is not subject to this privacy policy except as required by applicable law.
Personal information from other sources.
We also collect personal information about you from other sources. The categories of sources from which we collect personal information include:
Business partners, such as those engaged in joint marketing or promotional activities.
Data providers, such as data licensors of private and public databases.
Public sources, such as blogs, forums or where data is in the public domain.
Third party vendors and advertising partners.
Social media platforms with which you interact. For example, when you engage with our content on social media (such as through our brand page or direct message), we may collect personal information such as your contact identifiers and any comments you provide. We may also receive additional information from the social media platform that you have authorized the platform to disclose to us. If you publicly reference our Service on social media (such as by using a hashtag associated with us in a tweet or post), we may use your reference on or in connection with our Service.
Personal information we infer.
We infer new personal information from other information we collect, including by generating information about your likely preferences or other characteristics.
Sensitive personal information.
To the extent any of categories of personal information we collect are sensitive categories of personal information under applicable law, we process such personal information only for the limited purposes permitted or needed. We do not sell or use sensitive categories of personal information for purposes of targeted advertising or to make inferences.
HOW WE USE YOUR PERSONAL INFORMATION
We collect and use your personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:
Service delivery. We use your personal information to:
Provide and operate the Service, such as to enable you to make purchases of clothing and accessories that we have listed on the Service;
establish and maintain your account on the Service;
communicate with you about the Service, including by sending you announcements, updates, security alerts, and support and administrative messages;
provide customer support and maintenance for the Service; and
enable security features of the Service, such as by sending you security codes via email or SMS (if you have opted in), and remembering devices from which you have previously logged in.
Direct marketing. We use your personal information to send you Milena Fashion Co-related marketing communications. You will have the ability to opt-out of our marketing and promotional communications as described in the Your Privacy Choices section below.
For research and development. We use your personal information for research and development purposes, including to analyze and improve the Service and our business, for example through use of surveys or cookies and other technologies. You may have the ability to limit some analytics through cookies and other technologies as described in the Your Privacy Choices section below.
Promotions. When you voluntarily enter a promotion, we use information as set out in the official rules that govern the promotion as well as for administrative purposes . By entering a promotion, you agree to the official rules that govern that promotion, and that, except where prohibited by applicable law, we, the sponsor, and related entities may use your name, voice and/or likeness in advertising or marketing materials.
Advertising. We work with agencies, ad networks, technology providers and other third-party advertising companies to display ads on our Service and other websites and services. As part of this process, we incorporate cookies and similar technologies to automatically collect personal information about you (including the device identifiers, device data, internet activity data and/or non-precise location data described above) over time across our Service and other non-affiliated sites and services or your interaction with our emails, and use that personal information to serve ads that we think may interest you. We also use audience matching services (which is a type of targeted advertising) to reach people (or people similar to people) who have visited our Service or are identified in one or more of our databases (“Matched Ads”). This is done by us providing a list of hashed email addresses to a third party or incorporating a pixel from a third party into our own Service, and the third party matching common factors between our data and their data. For instance, we incorporate the Facebook pixel in our Service and may disclose your hashed email address to Facebook as part of our use of Facebook Custom Audiences.
Recruitment. We use your personal information to make decisions about recruiting and in anticipation of a contract of employment.
Sometimes we aggregate or de-identify information so it is no longer considered personal information. We may use non-personal information for any purpose to the extent permitted by law.
HOW WE DISCLOSE YOUR PERSONAL INFORMATION
We disclose your personal information to the following categories of persons for the purposes described in this Privacy Policy or at the time of collection:
Affiliates. Our subsidiaries and affiliates, for purposes consistent with this Privacy Policy.
Service providers. Companies and individuals that process personal information in order to provide services on our behalf (such as order fulfillment, shipping, payment processing, customer support, hosting, analytics, email delivery, marketing, database management services, returns processing and risk and fraud mitigation). We contractually prohibit our service providers from retaining, using, or disclosing information about you for any purpose other than performing the services for us, although we may permit them to use non-personal information for any purpose to the extent permitted by law.
Third party vendors. Some of the third party vendors we work with independently control the purposes and means of processing your personal information. For example, certain analytics, security, and fraud prevention vendors.
Advertising partners. Third party agencies, ad networks, technology providers and other advertising partners receive personal information from us for advertising purposes, including targeted advertising. These persons may act as our service providers, or in certain contexts, independently control the purposes and means of processing your personal information. You can learn more about your choices regarding targeted advertising in the Your Privacy Choices section below and our Cookie Policy.
Business partners. These are business partners in connection with offering co-branded services, selling or distributing our products, or engaging in joint marketing or promotional activities.
The public. Other users of the Service and the public, when you disclose personal information for public use. For instance, you may be able to review a product that you purchased, and we will display your name along with the content you submit. We do not control how other users or third parties use any personal information that you make available to them. Please be aware that any information you post publicly can be cached, copied, screen captured or stored elsewhere by others (e.g., search engines) before you have a chance to edit or remove it.
Business transferees. We may disclose some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets, or in the event of an insolvency, bankruptcy, or receivership.
Recipients at your direction or with your consent. We disclose personal information where you direct us to or with notice to you and your consent. Please note, we do not control the third party’s use of your personal information.
Sometimes we aggregate or de-identify information so it is no longer considered personal information. We may disclose non-personal information for any purpose to the extent permitted by law.
YOUR PRIVACY CHOICES
Data subject requests. To access,correct and delete with regards to your personal information, please submit a request to www.milenafashionco.co.za
We provide a variety of ways for you to exercise choice, as described below.
Please note that when you opt-out through either of the above methods we do not know who you are within our systems, and your opt-out will apply only to personal information collected from tracking technologies on the specific browser from which you opt-out. If you delete or reset your cookies, or use a different browser or device, you will need to reconfigure your settings. If you want the opt-out to apply to personal information we have about you in our systems, please also submit a request at https://privacy.milenafashion.co.za/.
Communications.
Email. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions located at the bottom of the email. You may continue to receive service-related and other non-marketing emails.
Text. If you opt-in to receive text messages from us, you may opt out of receiving further text messages from us by replying STOP in response to a message.
Push notifications. You may opt out of push notifications by adjusting your device settings or uninstalling our apps.
Accounts.
If you have registered an account with us, you may review and update certain personal information in your account profile or delete your account in its entirety through your account settings.
Controls for cookies and pixels.
Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for targeted advertising. To do this, follow the instructions in your browser settings. When you manage cookies, pixels associated with such cookies may also be impacted. Please note that cookie management only applies to our website. If you use multiple browsers, you will need to instruct each browser separately. If you delete or reset your cookies, you will need to reconfigure your settings. Your ability to limit cookies is subject to your browser settings and limitations. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
Preference signals. Your browser or extension may allow you to automatically transmit Do Not Track and other preference signals. Except as required by law, we do not respond to preference signals.
Using privacy plug-ins or browsers. You can block our websites from setting cookies used for targeted advertising by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery or uBlock Origin, and configuring them to block third party cookies/trackers.
Third party opt-out tools. Some of the third parties we work with offer their own opt-out features that let you opt-out of certain uses of personal information collected through their cookies and pixels. We are not responsible for the effectiveness of any third party opt-out tools.
Google: https://tools.google.com/dlpage/gaoptout and https://adssettings.google.com
Facebook: https://www.facebook.com/about/ads
Advertising industry opt-out tools. Some of the third parties we work with may participate in organizations or programs that provide choices to individuals regarding targeted advertising. To opt out of receiving targeted advertising from participating companies, please visit:
Digital Advertising Alliance: http://optout.aboutads.info
Network Advertising Initiative: http://optout.
If you choose to opt-out of targeted advertisements through these links, you should no longer see targeted advertising from the selected participants on the browser or device from which you opted-out, but the opt-out does not mean that the participants will not process your information for targeted advertising purposes. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, so you may still receive some cookies and tailored advertisements from companies that are not listed. We are not responsible for the effectiveness of any third party opt-out tools.
Controls for app-technologies
Resetting advertising ID. Your device settings may provide functionality to reset the advertising ID associated with your device, which is designed to allow you to limit the use of personal information collected about your device. You can also stop all collection of information via an app by uninstalling the app.
Advertising industry opt-out tools. The Digital Advertising Alliance (referenced above) also gives users the ability to opt out of receiving targeted advertising from participating members in mobile apps. To opt-out, please install the AppChoices mobile app, available at https://youradchoices.com/appchoices, and select your choices. This opt-out is subject to the limitation set out above and we are not responsible for its effectiveness.
Precise-location technologies. Users of our app can disable our access to their device’s precise location data in their device settings or by uninstalling the app.
Matched Ads.
To opt out of us disclosing your hashed email address to third parties for Matched Ads purposes, please submit a request at https://privacy.fashionnova.com/. To the extent required by law, we will remove your email address from any subsequent lists disclosed to third parties for Matched Ads purposes.
THIRD PARTIES
The Service may contain links to other websites and online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or online services that are operated by third parties. We do not control third party websites or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites and online services you use.
SECURITY PRACTICES
We employ organizational, technical and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.
RETENTION
We retain information for the length of time that is reasonably necessary for the purpose for which it was collected and enforce our agreements.
CHILDREN
The Service is not intended for use by children under 18 years of age. If you are a parent or guardian and believe we have collected personal information from children, please contact us as set out in the Contact Us section. We will delete the personal information.
CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service. If required by law, we will also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via email or another manner through the Service. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the modified Privacy Policy.
CONTACT US
If you have any questions, or have trouble accessing this Privacy Policy, please contact us:
By email: privacy@milenafashionco.co.za
Milena Fashion Co
To exercise choice, use the methods described in the Your Privacy Choices section above.