Statute

Privacy Policy

The Privacy Policy describes how softears.cc collects, uses and discloses your personal information when you visit or make a purchase on the site.

Collection of personal data

When you visit the site, we collect certain information about your device, your interactions with the site, and information needed to process your purchases. We may also collect additional information if you contact us for customer support. In this privacy policy, we refer to any information that uniquely identifies an individual (including the information below) as "Personal Information."

Device Information

Examples of personal data collected: browser version, IP address, time zone, cookie information, pages or products you visit, search terms and how you interact with the website.
Purpose of collection: customizing site loading for you and analyzing site usage to optimize site performance.
Collection source: data collected automatically when you use our website using cookies, log files, web beacons, tags or pixels.
Disclosure for Business Purposes: sharing with our processor Shopify.

Order Information

Examples of personal data collected: name, billing address, shipping address, email address and phone number.
Purpose of collection: providing you with products or services to fulfil your order, processing your payment information, arranging for delivery, providing invoices and/or order confirmations, communicating with you, screening our orders for potential risk or fraud and, in accordance with the preferences you have shared with us, sending you information or advertising relating to our products or services.
Collection source: data collected from you.
Disclosure for Business Purposes: sharing with our processor Shopify.

Customer Service Information

Examples of personal data collected: name, email address and phone number.
Purpose of collection: providing customer service.
Collection source: data collected from you.
Disclosure for Business Purposes: external customer service agency.

Minor

We do not intentionally collect personal information from children. If you are a parent or guardian and you believe that your child has provided us with personal information, please contact us at the address below to request that we delete that information.

Sharing personal information

We share your personal information with service providers who help us provide our services and perform our contracts with you, as described above. For example:

  • 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 request for information received, for example, under a court order, or to protect our legal rights.

Behavioral advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications that we think you may be interested in. For example:

  • We use Google Analytics to help us understand how our customers use the site. You can read more about how Google uses your personal information here: https://policies.google.com/privacy?hl=pl . You can also opt out of Google Analytics here: https://tools.google.com/dlpage/gaoptout .
  • We share information about your site usage, purchases, and interactions with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners and in some cases through cookies or similar technologies (which you may have consented to, depending on your location).

For more information on how targeted advertising works, you can visit the Network Advertising Initiative (“NAI”) educational website at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work .

You can opt out of targeted advertising by:

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance's opt-out portal at: http://optout.aboutads.info/ .

Use of personal information

We use your personal information to provide you with our services, which includes: offering products for sale, processing payments, fulfilling and delivering orders, and informing you about new products, services and offers.

Legal basis

In accordance with the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (EEA), we process your personal data based on the following legal bases:

  • your consent;
  • Performance of a contract between you and the website;
  • Fulfillment of our legal obligations;
  • Protection of your vital interests;
  • Performance of a task carried out in the public interest;
  • For our legitimate interests that do not violate fundamental rights and freedoms.

Data retention

When you place an order through the Site, we will keep your personal information on file unless you ask us to delete it. For further information on your right to deletion, please see the “Your Rights” section below.

Automatic decision making

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (including profiling) where that decision-making has a legal effect on you or significantly affects you.

We engage in automated decision-making that has legal effects or otherwise makes significant use of customer data. Our Shopify processor uses limited automated decision-making for fraud prevention purposes that do not have legal or other significant effects on you.

Services that include elements of automated decision-making include:

  • A temporary list of IP addresses associated with repeated failed transactions. This list is maintained for a short period of time.
  • Temporary list of credit cards associated with listed IP addresses. This list is maintained for a short time.

Your rights

GDPR

If you are a resident of the EEA, you have the right to access your personal data, port it to a new service, and request that your personal data be corrected, updated, or deleted. If you would like to exercise these rights, please contact us at the email address below info@softears.cc

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

CCPA

If you are a California resident, you have the right to access the Personal Information we hold about you (also known as the 'Right to Know'), transfer it to a new service, and ask us to correct, update or delete your Personal Information. If you would like to exercise these rights, please contact us at info@softears.cc

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

Cookies

A cookie is a small amount of information that is downloaded to your computer or device when you visit our website. We use different types of cookies, including functional cookies, performance cookies, advertising cookies, social media cookies, and content cookies. Cookies improve your browsing experience by allowing the website to remember your actions and preferences (such as logging in or choosing your region). They save you having to re-enter this information every time you return to the site or move between pages.

Below we describe the types of cookies we use to optimise your experience on our website and provide our services.

  • Cookies necessary for the store to function
  • Reporting and analysis

The length of time a cookie stays on your computer or mobile device depends on whether it is a "persistent" cookie or a "session" cookie. Session cookies last until you finish browsing, while persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent cookies, which expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in a variety of ways. Please note that deleting or blocking cookies may negatively impact your user experience and some parts of our site may no longer function properly.

Most browsers automatically accept cookies, but you can choose whether to accept cookies through your browser settings, often found within your browser's "Tools" or "Preferences" menu. For more information about modifying your browser settings or blocking, managing, or filtering cookies, please refer to your browser's help file or visit sites such as www.allaboutcookies.org .

Additionally, please note that blocking cookies may not completely prevent information from being shared with third parties, such as our advertising partners. To exercise your rights or opt out of certain uses of your information by these companies, please follow the instructions in the “Behavioral Advertising” section above.

Do Not Track

Please note that due to the lack of uniform industry understanding regarding how to respond to “Do Not Track” signals, we do not alter our data collection practices when we detect such a signal from your browser.

Changes

We may update this Privacy Policy to reflect changes to our practices or for other operational, legal or regulatory reasons.

Terms of Use

This website is operated by SOFTEARS. Throughout the site, the terms "we", "us" and "our" refer to SOFTEARS. SOFTEARS offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing anything from us, you are engaging in our “Service” and agreeing to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, but not limited to, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before using or accessing our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website following the posting of changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS AND CONDITIONS

By agreeing to these Terms of Service, you represent that you are at least the age of majority.
You may not use our products for any illegal or unauthorized purpose.
Violation of any of the Terms will result in immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit in any way any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information provided on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any use of the material on this site is at your own risk.
This site may contain some historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - SERVICE AND PRICE MODIFICATIONS

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to exchange according to our Returns Policy.
We have made every effort to display as accurately as possible the colors and images of our products available at the store. However, we cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but have no obligation, to limit the sales of our products or services to any particular person, geographic region or jurisdiction. We may exercise this right on an individual basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to withdraw any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased by one person, one household, or one order. These restrictions may include orders placed by the same customer, the same customer account, the same credit card, and/or orders shipped to the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please see our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor influence.
You agree and acknowledge that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any nature and without any endorsement. We shall have no liability whatsoever arising from your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should verify and approve the terms of service of the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the site (including new tools and resources), such new features and/or services will also be subject to these Terms of Service.

SECTION 8 - LINKS TO THIRD PARTY SITES

Certain content, products and services available through our Service may include materials from third-parties.
Third party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, and do not warrant and have no liability for, any third party materials or websites.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party sites. Before engaging in any transaction involving third-party products, please review carefully the third-party's policies and practices and make sure you understand them. Any complaints, claims, concerns, or questions regarding third-party products should be directed directly to the third-party.

SECTION 9 - USER COMMENTS, OPINIONS AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise ('comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are not and shall not be bound by any obligation (1) to maintain any comments in confidence; (2) to pay any compensation for any comments; or (3) to respond to any comments.
We do, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any intellectual property rights or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the functionality or operation of the Service or any related website. You may not use a false e-mail address, impersonate someone other than yourself, or mislead us or third-parties as to the origin of any comment. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL DATA

Your submission of personal information through the store is subject to our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, shipping times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. Any specified update or refresh date in the Service or on any related website, should not be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content for any purpose: (a) any illegal purpose; (b) to solicit others to commit or participate in any illegal acts; (c) to violate any international, federal, provincial or state regulations, laws, or local ordinances; (d) to infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to transmit false or misleading information; (g) to transmit viruses or any other type of malicious code that may be used in any way that affects the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track personal information of others; (i) to spam, phish, farm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibitions.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (unless otherwise stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no case shall SOFTEARS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any purchase of any products using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any nature incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if you have been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for incidental or consequential damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to defend, indemnify and hold harmless SOFTEARS and our parent, subsidiaries, affiliates, partners, directors, officers, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be illegal, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall remain in force after the termination of the agreement.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole discretion you believe or suspect that you have not, or may not, comply with any term or provision of these Terms of Service, we also may terminate the contract at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - APPLICABLE LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Poland.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions regarding the Terms of Service should be directed to info@softears.cc.

Returns Policy

The customer has 14 days from the date of receipt of the product to report the return. The product must be returned in the completeness in which it was purchased by the customer.

SOFTEARS LTD
27 Old Gloucester Street, London, United Kingdom, WC1N 3AX
info@softears.cc
+48 577 065 081