Polityka prywatności

Privacy Policy

 

Last Updated: October 26, 2023

 

1. Introduction

 

Welcome to Akuna Banana! This Privacy Policy explains how Akuna Banana ("we," "us," or "our") collects, uses, shares, and protects your personal information when you visit our website https://akunabanana.com/ (the "Site"), purchase our products, or interact with us through our communication channels.

We are committed to protecting your privacy and handling your data in an open and transparent manner. This policy is designed to comply with the EU's General Data Protection Regulation (GDPR) and the platform policies of our partners, including Meta Platforms, Inc.

For the purpose of the GDPR, the data controller is:

Akuna Banana Legal Entity: Fastivets Vladyslav Registration ID: Z1638428M Address: Carrer de Jericó, 18, Barcelona 08035, Spain Email: info@akunabanana.com

 

2. The Personal Data We Collect and How We Collect It

 

We collect personal data to provide and improve our services. The types of data we collect depend on how you interact with us. Below is a summary of our data processing activities.

Category of Data Specific Examples How We Collect It (Source) Primary Purpose of Processing (Our "Why")
Identity & Contact Data Full name, email address, phone number, shipping address, billing address. You provide this data directly during the checkout process or when you contact our customer support. To process and deliver your order, communicate with you about your order, provide customer support, and prevent fraud.
Order Data The photograph of the recipient you upload, the text for the greeting message, your music selection, and your preferred delivery method (e.g., WhatsApp or Telegram number). You provide this data directly when you fill out the order form on our Site. To create the personalized video greeting you have ordered and deliver it to you or the intended recipient.
Financial Data Credit/debit card details, bank account information. You provide this data directly to our third-party payment processors (e.g., Stripe, PayPal, Apple Pay) at the time of purchase. We do not collect or store your full payment card information on our servers. To process your payment for our products and services.
Communications Data The content of your messages to us via email, Facebook Messenger, or Instagram Direct Messages, including your social media username and message history. We receive this data when you contact us directly or through the application programming interfaces (APIs) of platforms like Meta. To respond to your inquiries, provide customer support, and resolve any issues.
Technical Data Internet protocol (IP) address, browser type and version, device identifiers, operating system, time zone setting, and information about your session (e.g., page response times, what pages you visited).

This data is collected automatically as you browse our Site by our platform provider, Shopify, using cookies and similar technologies.  

 

 To operate, maintain, and secure our Site, to analyze website traffic and user behavior to improve our services, and to ensure our Site is presented effectively on your device.
Marketing Data Your email address and your explicit consent and preferences for receiving marketing communications from us. You provide this data when you voluntarily subscribe to our newsletter or opt-in to receive promotional materials. To send you information about our products, special offers, and promotions that may be of interest to you.

 

3. Our Lawful Basis for Processing Your Data

 

Under GDPR, we must have a valid legal reason, or "lawful basis," for processing your personal data. We rely on the following lawful bases :  

 

  • Performance of a Contract: We process your Identity, Contact, and Order Data because it is necessary to fulfill our contractual obligation to you—that is, to create and deliver the personalized video greeting you purchased.

  • Legitimate Interest: We process Technical Data and Communications Data based on our legitimate interest in operating our business, maintaining the security and functionality of our Site, providing high-quality customer service, and improving our products. We always balance our interests against your rights and freedoms.

  • Consent: We will only send you direct marketing communications if you have given us your explicit, opt-in consent to do so. You have the right to withdraw this consent at any time by clicking the "unsubscribe" link in our emails or by contacting us directly.

  • Legal Obligation: We may need to process and retain certain data to comply with our legal and regulatory obligations, such as for tax and accounting purposes.

 

4. How We Share Your Data: Third-Party Disclosures

 

We do not sell your personal data. However, to operate our business, we share your information with trusted third-party service providers who act as "data processors" on our behalf.

  • 4.1. Our Platform Provider (Shopify): Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Shopify processes your data on our behalf and collects information automatically as described in Section 2. Your data is stored through Shopify's data storage, databases, and the general Shopify application. For more information, you may also want to read Shopify’s Terms of Service or Privacy Statement.  

     

  • 4.2. Communications and Customer Support (Meta Platforms & Chatwoot): To provide you with timely and efficient customer support, we use the Messenger and Instagram Messaging APIs provided by Meta Platforms, Inc.

    • When you send us a message on these platforms, we receive your message content and public profile information (such as your username and user ID) through the API.

    • To manage these conversations, we use Chatwoot , a customer communication platform. Your messages are securely processed within Chatwoot to allow our support agents to respond to you.  

       

    • For complex inquiries that cannot be resolved within Meta's standard 24-hour messaging window, we use Meta's human_agent tag. This permission allows a human member of our support team to respond to your message for up to 7 days after your last message. This feature is used exclusively for providing follow-up support and is not used for promotional, marketing, or automated messages, in strict accordance with Meta's policies.  

       

  • 4.3. Payment Processors: We work with third-party payment processors such as Stripe, PayPal, and others listed in our Site's footer. When you make a purchase, your payment data is sent directly to them. We do not have access to your full payment card details.  

     

  • 4.4. Shipping and Delivery Partners: To deliver your final video file, we may use your provided contact details (e.g., WhatsApp number, Telegram username, or email address) with the respective messaging or email service.

  • 4.5. Legal and Professional Advisors: We may share your data with our lawyers, accountants, or other professional advisors if it becomes necessary for legal, financial, or regulatory reasons.

 

5. Data Retention: How Long We Keep Your Information

 

We only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.  

 

  • Order & Customer Data (CRM): We retain information related to your orders and customer account to comply with our legal and tax obligations (for example, for up to 6 years in Spain). After this period, your personal data will be deleted or anonymized.

  • The Finished Video Product: We retain the final video file for a period of 30 days after delivery. This is for the legitimate purpose of ensuring you have successfully received and downloaded your video and to address any technical or quality issues that may arise. After 30 days, the video file is permanently deleted from our active storage systems.

  • Communications Data: We retain customer support communications for up to 2 years to maintain a history of your interactions with us, which helps us provide better service.

  • Marketing Consent: We retain your information for marketing purposes until you withdraw your consent.

 

6. Your Data Protection Rights Under GDPR

 

If you are a resident of the European Economic Area (EEA), you have the following data protection rights :  

 

  • The right to access: You can request a copy of the personal data we hold about you.

  • The right to rectification: You can request that we correct any inaccurate or incomplete data.

  • The right to erasure (the "right to be forgotten"): You can request that we delete your personal data under certain conditions.

  • The right to restrict processing: You can request that we limit the processing of your personal data under certain conditions.

  • The right to data portability: You can request that we transfer the data we have collected to another organization, or directly to you, under certain conditions.

  • The right to object to processing: You can object to our processing of your personal data where we are relying on a legitimate interest.

  • The right to withdraw consent: You can withdraw your consent at any time where we relied on your consent to process your personal data.

To exercise any of these rights, please see Section 7.

 

7. How to Request the Deletion of Your Data

 

You have the right to request the deletion of your personal data. To exercise your right to erasure or any other data protection right listed in Section 6, please send a clear request to our dedicated privacy email address:

info@akunabanana.com

To protect your privacy, we will ask you to provide sufficient information to verify your identity before responding to your request. We will process your request in accordance with applicable data protection laws. This process provides a clear and functional way for you to manage your data.  

 

 

8. International Transfers of Your Data

 

Your personal data may be transferred to, and processed in, countries outside of the European Economic Area (EEA), such as the United States, where our service providers like Shopify and Meta are located.

When we transfer your data outside the EEA, we ensure a similar degree of protection is afforded to it by implementing legally recognized safeguards, such as Standard Contractual Clauses (SCCs) approved by the European Commission, or by ensuring the transfer is to a country that has been deemed to provide an adequate level of data protection.

 

9. Cookies and Other Tracking Technologies

 

Our Site uses cookies, which are small text files placed on your device, to help us provide and improve our service. We use cookies for several purposes:

  • Essential Cookies: These are necessary for the Site to function, such as keeping items in your shopping cart.

  • Performance and Analytics Cookies: These help us understand how visitors interact with our Site, allowing us to improve its performance.

  • Advertising Cookies: These are used to deliver advertisements that are more relevant to you and your interests.

Our platform provider, Shopify, places many of these cookies on our behalf. You can control and manage your cookie preferences through the cookie consent banner that appears when you first visit our Site.  

 

 

10. Data Security

 

We take the security of your data very seriously. We have implemented appropriate technical and organizational security measures designed to protect your personal data from accidental loss and from unauthorized access, use, alteration, or disclosure. We rely on the robust security infrastructure of our partners, including Shopify and Chatwoot , and we limit access to your personal data to only those employees and partners who have a business need to know.  

 

 

11. Changes to This Privacy Policy

 

We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will post any changes on this page and update the "Last Updated" date at the top of this policy. We encourage you to review this policy periodically.

 

12. How to Contact Us & Lodge a Complaint

 

If you have any questions or concerns about this Privacy Policy or our data protection practices, please contact us at:

Akuna Banana Fastivets Vladyslav Carrer de Jericó, 18, Barcelona 08035, Spain Email: info@akunabanana.com

You also have the right to lodge a complaint with your local data protection authority. If you are in Spain, the relevant authority is the Spanish Data Protection Agency (Agencia Española de Protección de Datos - AEPD). You can find their contact details on their website.