Privacy Policy

Welcome to Tatship and our website at www.tatship.com (our “website”). We want you to feel comfortable on our website and not have to worry about the security of your data. That is why data protection is an important part of our philosophy.

In this Privacy Policy, you will find all the information about which Personal Data we collect and process and for what purpose. Equally, we will also inform you of your data protection rights and how you can assert them.

GENERAL PRINCIPLES
What is Personal Data?
Personal Data is any information relating to an identified or identifiable natural person. This includes, for example, name or address data, telephone number, mobile number, or online identifiers such as your device ID and your IP address.

What is Special Category Data?
Special category data is Personal Data that needs more protection because it is sensitive. This includes Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data. As well as, data concerning health, a person’s sex life; and a person’s sexual orientation. In order to lawfully process Special Category Data, it is necessary to consent to the processing

What is processing?
"Processing" means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means. The term is broad and covers virtually any handling of data.

Who is responsible for data processing?
The responsible party for data processing is Convinced Creations Company Limited, 9th Floor, Amtel Building, 148 Des Voeux Road Central, Central, Hong Kong (“Tatship”, “we”, “us”, “our”). If you have any questions or if you wish to exercise your rights, please contact us by email using [email protected] or write to us at the above address.

What law applies?
Our use of your Personal Data is subject to Hong Kong's Personal Data (Privacy) Ordinance (“PDPO”), and the EU's General Data Protection Regulation (“GDPR”), and of course we process your Personal Data accordingly.

What are the Legal Bases for processing Personal Data
In accordance with the PDPO and the GDPR, we have to have at least one of the following legal bases to process your Personal Data: a) you have given your consent, b) the data is necessary for the fulfillment of a contract / pre-contractual measures, c) the data is necessary for the fulfillment of a legal obligation, or d) the data is necessary to protect our legitimate interests, provided that your interests are not overridden.

Who is the competent data protection authority?
The Privacy Commissioner for Personal Data, Unit 1303, 13/F, Dah Sing Financial Centre, 248 Queen's Road East, Wanchai, Hong Kong is the supervisory authority in Hong Kong. We would, however, appreciate the chance to deal with your concerns before you approach the Privacy Commissioner or any other supervisory authority.

How long will you keep my data?
We process and store your Personal Data only for the period of time required to achieve the respective processing purpose or for as long as a legal retention period exists (in particular commercial and tax law in accordance with Hong Kong`s Commercial and Fiscal Rules and Regulations. Depending on the document and legal regulation, the retention and documentation periods specified therein are four to six years. Once the purpose has been achieved or the retention period has expired, the corresponding data is routinely deleted.

WHAT PERSONAL DATA DO WE PROCESS?
Technical Data
When you access our website, some access data is recorded automatically and stored in a log file on our website's server. This means if you browse and simply have a look at our website, we process a) the IP address of your device, b) the date and time of your access, c) the name and URL of the accessed file, d) the browser used, e) the amount of bytes transferred, f) the status of the page request, g) the session ID and g) the referrer URL. The legal basis for processing is our legitimate interest.

Hosting of our website
We use the hosting services of Amazon Web Services (AWS) (410 Terry Avenue North, Seattle, WA 98109-5210, USA) for the purpose of hosting and displaying our website. AWS does so on the basis of processing on our behalf, and that also means that all data collected on our website is processed on AWS' servers. The basis for processing is our legitimate interest, and the initiation and/or fulfillment of a contract.

Spam Protection
We also use Google`s reCAPTCHA from Google (1600 Amphitheatre Parkway Mountain View, CA 94043, US, and Google Ireland Limited Gordon House, Barrow Street, Dublin 4, Ireland) to check whether data input is made by a human being or by an automated program. For this purpose, reCAPTCHA analyzes the behavior of the website visitor on the basis of various characteristics. This analysis begins automatically as soon as the website visitor enters the website. The legal basis for using reCAPTCHA is our legitimate interest.

Cookies
We use so-called cookies on our website. Cookies are pieces of information that are transmitted from our web server or third-party web servers to your web browser and stored there for later retrieval. For further information on the cookies we use, please refer to our Cookie Policy. The legal basis for the use of Cookies is depending on the specific cookie used, our legitimate interest and/or your consent.

Cookie consent
Our website uses a cookie consent tool to obtain your consent to the storage of cookies and to document this consent. When you enter our website, the following Personal Data is transferred to us: a) Your consent(s) or revocation of your consent(s); b) Your IP address; c) Information about your browser; d) Information about your device; d) Time of your visit to our website. The basis for processing is our legitimate interest and your consent.

Links to other websites
Please note that if you use a link from our website to a third-party website, that third-party may also set new cookies that are not covered by this or our cookie Notice. In such cases, we recommend that you read the cookie Notice on the third-party website itself.

Economic analyses and market research
For business reasons, we analyze the data we have on web and server traffic patterns, website interactions, browsing behavior etc. The analyses serve us alone and are not disclosed externally and processed using anonymous analyses with summarized and or anonymized values. For this purpose we use Google Analytics from Google. The legal basis is our legitimate interest and your consent. For further information on our use of Google Analytics, please refer to our Cookie Policy.

Contacting us
You can contact us in various ways and data is always collected in the process. You provide us with most of the data that we process when you contact us such as your name, and email address. This data is collected and processed exclusively for the purpose of contacting you and processing your request and then deleted again, provided that there is no legal obligation to retain it.

We also offer to contact us via the messaging services of WhatsApp (Meta Platforms Inc, 1601 Willow Road Menlo Park, CA 94025 and 4 Grand Canal Square Grand Canal Harbour Dublin 2 Ireland). If you contact us via WhatsApp we store and use the mobile phone number, you use and - if provided - your first and last name in accordance with the provision of a contractual or pre-contractual measure to process and respond to your request*.* The legal basis is both your consent and contract.

Data management and customer support
For optimal data management and customer support, we store the data related to your contract with us in our proprietary customer relationship management system (“CRM”). This data processing is based on our legitimate interest in providing our customer service.

Registration of a user account
On our website, we offer users the opportunity to register an account. The data is entered into our registration form and transmitted to us and stored. The data is not passed on to third parties. The following data is collected as part of the registration process: i) Email address, iii) Password, iv) Username v) the IP address of the user and vi) date and time of registration. The legal basis for processing is consent and the fulfillment of a contract. The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. As a user, you have the option at any time to delete your registration with us. You can change your data stored with us at any time independently and / or delete or have deleted. If the data is necessary for the fulfillment of a contract or for the execution of pre-contractual measures, an early deletion of the data is only possible, as far as contractual or legal obligations do not oppose a deletion.

Alternatively, you are able to sign up using the convenience login and sign up from Google. For convenience log in and sign up, you will be asked to provide your basic information (i.e., name, email address, and display picture) linked to your account. When registering via convenience functions, you agree to the relevant terms and conditions and consent to certain data from your respective profile being transferred to us.

Tattoo Simulator and Try on History
If you wish to use our Tattoo Simulator and Try on History and its features, we process the data you provide which typically includes personal data such as your image and Special category data where images reveal your racial or ethnic origin, religious or philosophical beliefs, etc (“Service Data”). We recognize that you own your Service Data and provide you with complete control of your Service Data by providing you the ability to (i) access your Service Data, (ii) share your Service Data, and (iii) request export or deletion of your Service Data.

When we process Service Data, we become your Data Processor or in other words, we will process the Service Data involved in your use of our Tattoo Simulator and Try on History in accordance with your instructions and shall use it only for the purpose of providing you our our Tattoo Simulator and Try on History. We ensure that access by our employees to your data is only available on a need-to-know basis, restricted to specific individuals, and is logged and audited. We communicate our privacy and security guidelines to our employees and enforce privacy and protection safeguards strictly. The legal basis for the processing of your Service Data is our obligation to fulfill the contract we have with you.

Use of our Tattoo Artists directory services
If you wish to use our Tattoo Artists directory services and its features, we process the Personal Data you voluntarily provide for the purpose of providing our listing services. Depending on how you use our listing services, you may provide images, contact information, company information, location data etc. and upload content such as text, photographs etc. This content will be made public and may be viewed and otherwise accessed by others.

Some of the Personal Data you provide may be considered “special” or “sensitive”. By choosing to provide this data, you consent to our processing of that data. You have choices about the data you provide and how you share it. It’s your choice whether to include Personal Data and to make that information available to us. Please do not share information that you would not want to be available.

The legal basis for processing of your Personal Data and Special Category Data is the establishment and implementation of the user contract for the use of the service as well as your consent.

Shopping with us
We process your first name, last name, e-mail address, billing and shipping address for the delivery of your custom temporary tattoo order and the data related to your contract with us to handle the contractual relationship. We may also share the Personal Data related to your order with Prodigi (Unit 20, Caker Stream Road, Alton, Hampshire, GU34 2QA, UK) our fulfillment partner for the purpose of printing and shipping your custom temporary tattoo. The legal basis for processing is the provision of a contractual service.

Where any Personal Data relates to a third party, you represent and warrant that the Personal Data is up-to-date, complete, and accurate and that you have obtained the third party’s prior consent for our collection, use and disclosure of their Personal Data for the Purposes.

Payment Data
If you make a purchase your payment will be processed via our payment service providers Stripe (354 Oyster Point Blvd South San Francisco, CA 94080, USA). Payment data will solely be processed through Stripe and we have no access to any Payment Data you may submit. The legal basis for the provision of a payment system is the establishment and implementation of the contract.

Testimonials
Within the customer reviews section, we may display certain Personal Data, share certain details, knowledge and insights. When you approve and submit your Testimonial to us your consent is obtained, and you have choices about the information in your Testimonial. The storage of Testimonials is based on your consent.

Aggregated Data
We also collect, use and share aggregated data such as statistical or demographic data for any purpose including improving our website. Aggregated data could be derived from your Personal Data but is not considered Personal Data in law as this data will not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this privacy policy.

Promotional use of your data
We use your data (name and email address) within the legally permissible scope for marketing purposes, e.g., to draw your attention to special promotions and discount offers. You can unsubscribe at any time via the link provided for this purpose in each email we send or by sending us an informal message. After unsubscribing, your email address will be deleted immediately.

DATA SHARING
In certain cases, it is necessary to transmit the processed Personal Data in the course of data processing. Personal Data is transferred to our service providers in the following instances:

• in the context of fulfilling our contract with you,
• to use marketing services and to advertise our services online,
• to communicate with you,
• to provide our website, and
• to state authorities and institutions as far as this is required or necessary.

We may transfer your Personal Data to other companies as necessary for the purposes described in this Privacy Policy. In order to provide adequate protection for your Personal Data when it is transferred, we have contractual arrangements regarding such transfers. We take all reasonable technical and organizational measures to protect the Personal Data we transfer.

SECURITY OF YOUR DATA
In order to protect the data stored with us in the best possible way against accidental or intentional manipulation, loss, destruction or access by unauthorized persons, we use appropriate technical and organizational security measures. The security levels are continuously reviewed in cooperation with security experts and adapted to new security standards.

Nevertheless, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. And databases or data sets that include Personal Data may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised as expeditiously as possible after which the breach was discovered.

MARKETING
General
Insofar as you have given us your separate consent to process your data for marketing and advertising purposes, we are entitled to contact you for these purposes via the communication channels you have given your consent to.

You may give us your consent in a number of ways including by selecting a box on a form where we seek your permission to send you marketing information, or sometimes your consent is implied from your interactions or contractual relationship with us. Where your consent is implied, it is on the basis that you would have a reasonable expectation of receiving a marketing communication based on your interactions or contractual relationship with us.

Direct Marketing generally takes the form of email but may also include other less traditional or emerging channels. These forms of contact will be managed by us, or by our contracted service providers. Every directly addressed marketing sent or made by us or on our behalf will include a means by which you may unsubscribe or opt out.

SOCIAL MEDIA
General
We are present on social media on the basis of our legitimate interest. If you contact or connect with us via social media, we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The Personal Information collected when contacting us is to handle your request and the bases are both your consent and our legitimate interest.

When you visit our profiles and interact with us and others
When you visit our social media profiles, we, as the operator of the profile, process your actions and interactions with our profile (e.g., the content of your messages, enquiries, posts or comments that you send to us or leave on our profile or when you like or share our posts) as well as your publicly viewable profile data (e.g., your name and profile picture). Which Personal Information from your profile is publicly viewable depends on your profile settings, which you can adjust yourself in the settings of your social media account. The legal basis is our legitimate interest and your consent.

ADVERTISING
We would like to show you interesting advertising outside of our website and use various third-party tools and cookies for this purpose. These collect and process information about your activities on our website - for example, which products you are interested in or which pages you visit. By knowing what you are looking for and how you use our website, we can adapt our advertising to your needs. And thus increase the likelihood that you will also be shown suitable and interesting advertising outside our website.

We also analyze this data to evaluate the relevance of the advertisements and to optimize the advertisements for you. Through the tools, your browser regularly establishes a connection to the server of the tool provider when you visit our website. For some tools, we have no direct influence on what data is processed by the providers. The following personal data may be processed by third-party providers i) HTTP header information (e.g., IP address, web browser, website URL, date and time); ii) measuring pixel-specific data (e.g., pixel ID and cookie ID); and iii) additional information about visits to our website. The legal bases for processing are our legitimate interest and your consent in case of cookies. For further information, please refer to our Cookie Policy.

YOUR RIGHTS AND PRIVILEGES
Privacy rights
You can exercise the following rights under the PDPO:

• The right to access:
• The right to data portability:
• The right to rectification:
• The right to deletion/erasure:
• The right to restriction or objection to processing:
• The right to withdraw your consent:
• The right to limit use and disclosure of your sensitive Personal Data:
• The right to to be subject to automated decision making:
• The right to opt-out of the sale or share of Personal Data:
• The right to non-discrimination:

You can exercise the following rights under the GDPR:

• The right to access;
• The right to rectification;
• The right to erasure;
• The right to restrict processing;
• The right to object to processing;
• The right to data portability;

Updating your information and withdrawing your consent
If you believe that the information we hold about you is inaccurate or request its rectification, deletion, or object to its processing, please do so by contacting us.

Access Request
In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.

WHAT WE DO NOT DO

• We do not request Personal Data from minors and children;
• We do not process Special Category Data without specific and expressly given consent;
• We do not use Automated decision-making including profiling; and
• We do not sell your Personal Data.

HOW DO WE MAKE CHANGES TO THIS POLICY?
We may change our Privacy Policy from time to time. When we change our Privacy Policy, we will publish the updated policy on our website. Please check this Privacy Policy regularly. Subject to applicable law, all changes will take effect as soon as we publish the new Privacy Policy, but where we have already collected information about you and/or where legally required to do so, we may take additional steps to inform you of any material changes to our Privacy Policy and may request that you agree to these changes.

EFFECTIVE DATE
23rd of April, 2023