GDPR - Dear Anaya Privacy Policy
Dear Anaya Privacy Policy
Dear Anaya is based in the United States of America and has been selling digital products on Dear Anaya since 2022. Dear Anaya sells mainly to buyers in the United States and Latin America countries, but offers their items for sale world-wide. Dear Anaya uses Google Cloud to host some of their buyers’ personal information.
The GDPR requires that Dear Anaya provide certain information to their buyers in their privacy policy, including:
the personal information Dear Anaya collects;
the legal bases they rely on to collect, use, and share personal information;
the third parties with whom Dear Anaya share personal information;
the length of time Dear Anaya keep personal information;
if they transfer personal information outside of Europe (for example, if Dear Anaya moves their business outside of the United States, or uses a third party provider located outside of Europe, or uses Google Cloud to host some of their buyers’ information), how the transfer will be handled;
Dear Anaya buyers’ rights regarding their use of the buyer’s personal information; and
how Dear Anaya buyers can contact them with privacy-related requests.
Based on GDPR requirements, here’s how Dear Anaya might introduce their privacy policy to their buyers:
This Privacy Policy describes how and when we collect, use, and share information when the buyer purchases an item from Dear Anaya, contacts Dear Anaya, or otherwise uses Dear Anaya services through DearAnaya.com or its related sites and services.
This Privacy Policy does not apply to the practices of third parties that Dear Anaya does not own or control, including Etsy, Shopify, Amazon, and eBay or any third party services you access through DearAnaya.com. You may access third party Privacy Policies on third party service pages
1. Personal information they collect
Dear Anaya should go on to explain what information Dear Anaya collects from buyers, why Dear Anaya needs the information, how Dear Anaya may use it to fulfill orders, the third parties with whom Dear Anaya shares the information, and the length of time Dear Anaya keeps the information.
Information We Collect
To fulfill the buyer’s order, the buyer must provide Dear Anaya with certain information (which you authorized use by providing it to us), such as your name, email address, postal address, payment information, and the details of the product that you’re ordering. The buyer’s payment information is encrypted by USA law and isn’t accessible to anyone outside of the payment window. The buyer may also choose to provide Dear Anaya with additional personal information (for a custom order of digital products, physical products, or services, for example), if the buyer contacts Dear Anaya directly.
The legal bases Dear Anaya relies on to collect, use, and share personal information
Why We Need A Buyer’s Information and How Dear Anaya Uses It
We rely on a number of legal bases to collect, use, and share your information, including:
as needed to provide our services & products, such as when Dear Anaya uses your information to fulfill your order to settle disputes, or to provide customer support;
when the buyer has provided their affirmative consent, which the buyer may revoke at any time, such as by signing up for Dear Anaya’s mailing list;
if necessary to comply with a legal obligation or court order or in connection with a legal claim, such as retaining information about the buyer’s purchases if required by American tax law; and
as necessary for the purpose of Dear Anaya legitimate interests, if those legitimate interests are not overridden by the buyer’s rights or interests, such as 1) providing and improving my services & products. Dear Anaya uses the buyer’s information to provide the services & products the buyer requests and in Dear Anaya’s legitimate interest to improve our services; and 2) Compliance with the Dear Anaya Seller Policy and Terms of Use. We use your information as necessary to comply with my obligations under the Dear Anaya Seller Policy and Terms of Use.
3. The third parties with whom Dear Anaya shares personal information
The GDPR requires that we disclose the details of any personal information we share with third parties. Dear Anaya should explain to buyers why, when, and with whom Dear Anaya may share buyers’ personal information. For example:
Information Sharing and Disclosure
Information about Dear Anaya customers is important to our business. Dear Anaya shares a buyer’s personal information for very limited reasons and in limited circumstances, as follows:
Service providers. I engage certain trusted third parties to perform functions and provide services to our shop, such as delivery companies. We will share your personal information with these third parties, but only to the extent necessary to perform these services. This information is limited to shipments addressed to the buyer’s desired destination.
Business transfers. If Dear Anaya sells or merges the business, Dear Anaya may disclose the buyer’s information as part of that transaction, only to the extent permitted by law.
Compliance with laws. Dear Anaya may collect, use, retain, and share the buyer’s information if Dear Anaya has a good faith belief that it is reasonably necessary to: (a) respond to legal process or to government requests; (b) enforce our agreements, terms and policies; (c) prevent, investigate, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of my customers, or others.
4. The length of time Dear Anaya keeps personal information
The GDPR requires you to disclose the period of time during which Dear Anaya will store personal information. Dear Anaya should consider how long they need to retain information for business purposes and to comply with any legal or tax obligations, and keep in mind that data shouldn't be kept for any longer than necessary.
Data Retention
Dear Anaya retains buyer’s personal information only for as long as necessary to provide you with our services and as described in our Privacy Policy. However, Dear Anaya may also be required to retain this information to comply with our legal and regulatory obligations, to resolve disputes, and to enforce our agreements. We generally keep your data for the following time period: 7 years. This time period is to be compliant with GAAP (Generally Accepted Accounting Principles) set by the United States of America's national (federal) government & New York State Department of Taxation and Finance Office of Processing and Taxpayer Services. W. A. Harriman Campus, Albany, NY 12227.
5. If transferring personal information outside of Europe, how the transfer will be handled
GDPR requires Dear Anaya to disclose if we transfer personal information outside of the EU and the legal bases we rely on to do so, such as consent and contractual necessity. Dear Anaya uses Google Cloud, which is Privacy Shield certified, so we should explain to our buyers that we rely on Privacy Shield as the legal basis for the transfer of their buyers’ personal information outside of the EU. For example:
Transfers of Personal Information Outside the EU
We may store and process your information through third-party hosting services in the US and other jurisdictions. As a result, we may transfer your personal information to a jurisdiction with different data protection and government surveillance laws than your jurisdiction. If I am deemed to transfer information about you outside of the EU, I rely on Privacy Shield as the legal basis for the transfer, as Google Cloud is Privacy Shield certified.
6. Dear Anaya buyers’ rights regarding Dear Anaya use of buyer’s personal information and buyer’s contact details
Your Rights
If you reside in certain territories, including the EU, you have a number of rights in relation to your personal information. While some of these rights apply generally, certain rights apply only in certain limited cases. I describe these rights below:
Access. The buyer may have the right to access and receive a copy of the personal information Dear Anaya holds about a buyer by contacting Dear Anaya using the contact information below.
Change, restrict, delete. The buyer may also have rights to change, restrict Dear Anaya's use of, or delete the buyer's personal information. Absent exceptional circumstances (like where Dear Anaya is required to store data for legal reasons) Dear Anaya will generally delete the buyer’s personal information upon request.
Object. The buyer can object to (i) Dear Anaya's processing of some of the buyer’s information based on Dear Anaya’s legitimate interests and (ii) receiving marketing messages from Dear Anaya after providing the buyer's express consent to receive them. In such cases, Dear Anaya will delete your personal information unless Dear Anaya has compelling and legitimate grounds to continue using that information or if it is needed for legal reasons.
Complain. If the buyer resides in the EU and wishes to raise a concern about Dear Anaya's use of the buyer’s information (and without prejudice to any other rights the buyer may have), the buyer has the right to do so with their local data protection authority.
How to Contact Dear Anaya
For purposes of EU data protection law, We, Dear Anaya, are the data controller of the buyer’s personal information. If the buyer has any questions or concerns, the buyer may contact us at info@dearanaya.com. Alternately, the buyer may mail Dear Anaya at:
Dear Anaya, LLC 1967 Wehrle Drive Suite 1 #086, Buffalo, New York 14221
*If a buyer needs to access, correct, or delete personal information held by Dear Anaya, the buyer will need to contact Dear Anaya at info@DearAnaya.com for assistance, or request that the buyer send a request directly to their mailing address below:
Dear Anaya, LLC 1967 Wehrle Drive Suite 1 #086, Buffalo, New York 14221