Privacy Policy
At Hayani Designs, we care deeply about privacy. We believe in transparency, and we’re committed to being upfront about our privacy practices, including how we treat your personal information. We know you care about your privacy too, so we provide settings that allow you to choose how certain information is used by Hayani Designs. This policy explains our privacy practices for HayaniDesigns.com (which we’ll refer to as the “Site”), Hayani Designs mobile applications (the “Apps”), Hayani Designs public Application Program, and our other services provided by Hayani Designs. (“Hayani Designs,” together with “we,” “us,” and “our”). We’ll refer to the Site, the Apps, Hayani Designs Payments, the API, and our other services as the “Services.” This policy does not apply to the practices of third parties (including other members who sell using the Services or API users) who may also collect or receive data in connection with your use of the Services.
1. Our Privacy Policy
We process your personal information to run our business and provide our users with the Services. By accepting our Terms of Use (and in some jurisdictions, by acknowledging this policy), you confirm that you have read and understand this policy, including how and why we use your information. If you don’t want us to collect or process your personal information in the ways described in this policy, you shouldn’t use the Services. We are not responsible for the content or the privacy policies or practices of any of our members, or third-party websites and apps.
Hayani Designs Terms of Use require all account owners to be at least 18 years of age. Minors under 18 years of age and at least 13 years of age are permitted to use Hayani Designs Services only if they have permission and direct supervision by the owner of the account. Children under age 13 are not permitted to use the Services. You are responsible for any and all account activity conducted by a minor on your account. We do not knowingly “sell,” as that term is defined under applicable law, the personal information of minors.
By using the Services, Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal information only to those countries to which we are permitted by law to transfer personal information as more fully described in the “Transfers” Section of this policy.
2. Information Collected or Received
In the course of providing our Services, we collect or receive your personal information in a few different ways. We obtain the categories of personal information listed below from the following sources: directly from you, for example, from forms you complete or during registration; indirectly from you based on your activity and interaction with our Services, or from the device or browser you use to access the Services; from our vendors and suppliers that help provide Hayani Designs services you may interact with (such as, for example, for payments or customer support), and from our third party advertising and marketing partners. Often, you choose what information to provide, but sometimes we require certain information to provide you the Services. Hayani Designs uses the personal information it receives and collects in accordance with the purposes described in this policy.
You can also choose to provide information to a third party via Hayani Designs API. Users of Hayani Designs API are required to follow Hayani Designs API Terms of Use, including having appropriate privacy and security controls. Likewise, you may choose to link your bank account to pay for purchases (or receive payment in the case of sellers) through a third-party service available through the Site or App. Hayani Designs does not have a direct partner relationship with these third parties and their processing of information is subject to their own privacy policies. You should understand the privacy and security practices of any third party before you share information with them.
Registration, Account Setup, Service Usage: In order to use the Services, will need to submit a valid email address. If you register, you will need to submit a name associated with your account. You may modify that name through your account settings. You need to provide this information to enable us to provide you with the Services. Additional information, such as a shop name, billing and payment information (including billing contact name, address, telephone number, credit card information), a telephone number, and/or a physical postal address, may be necessary in order for us to provide a particular service. For example, we need a physical postal address if you are buying something on the Site for delivery. As an Hayani Designs seller, if you choose to use our payment service (“Hayani Designs Payments”), Hayani Designs requires your full name, social security number, identification ID or tax ID, date of birth, bank account information, photograph, credit card information, and/or other proof of identification in order to verify your identity, provide this service to you, and comply with applicable law. For example, in certain markets, Hayani Designs Sellers’ imprint (including trade name or individual name as applicable), may be displayed to buyers on Hayani Designs in order to comply with local legal requirements. For both buyers and sellers, Hayani Designs requires this information from you in order to provide you with the Services (including, to verify ownership of an account, to mitigate fraud and abuse, to comply with regulatory obligations, or to complete a transaction as a buyer or seller). We may store credit card information and other information provided to us during checkout, for billing and payment purposes, and to process your transaction. Members in certain countries can elect to save their credit card information to facilitate checkout for future purchases. If you’re an Hayani Designs buyer in the EU, Norway, Iceland, Liechtenstein or the United Kingdom, you may be asked to authenticate your payment method when you place your order. To authenticate a payment, you will need to respond to a prompt from your card issuer and provide additional information, such as a correct response to a question, a password, or a passcode. Hayani Designs may contact individual shop owners confidentially to request more information about their shops or items listed through the Services, or may request information from buyers to ensure compliance with our policies and applicable law. In order to use certain products or services on Hayani Designs, you may be required to complete an application; information that you submit through the application process will not be displayed publicly and will only be used internally by Hayani Designs and its service providers, unless otherwise specified.
Profile: You may provide your name and other personal information (such as birthday, gender, location) in connection with your account and activity. You can edit or remove this information through your account settings. The name associated with your account (which you may modify in your account settings) is publicly displayed and connected to your Hayani Designs activity. Other members may see the date you joined; ratings, reviews (including your display name, city and/or country) and information relating to items you review, and related photos for items you purchased or sold; your profile information; items you listed for sale; your shop pages and policies; your Favorites and Collections (your saved product listings that are grouped by you), followers, and those you follow; sold item listings and the number of items sold; comments you post in our community spaces; and information you decide to share via social networks. For Sellers, we may collect and use information about you in order to feature you in marketing and advocacy materials, and to feature you and your shop on and off the platform, as provided for in Hayani Designs Terms of Use or as otherwise legally required. From time to time, we may also ask you about certain demographic information, such as your race, ethnicity, sexual orientation, or gender identity, in relation to specific marketing and advocacy projects and campaigns. Providing this demographic information is entirely voluntary and at the time we ask we will also seek your consent to use it.
Automated Information: Hayani Designs automatically receives and records information from your browser or your mobile device when you visit the Site, use the Apps, or use certain features of the Services, such as your IP address or unique device identifier, cookies, and data about which pages you visit and how you interact with those pages in order to allow us to operate and provide the Services. This information is stored in log files and is collected automatically. Hayani Designs may also receive similar information (like, for example, IP addresses and actions taken on the device) provided by a connected Internet of Things device such as a voice-activated assistant or Smart TV. We may combine this information from your browser or your mobile device with other information that we or our advertising or marketing partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyze and understand how the Services work for members and visitors, and to provide advertising, including across your devices, and a more personalized experience for members and visitors.
We also automatically collect device-specific information when you install, access, or use our Services. This information can include information such as the hardware model, operating system information, app version, app usage and debugging information, browser information, IP address, and device identifiers.
Data from Hayani Designs Vendors and Suppliers: We also receive information from our vendors and suppliers about you. This information can include customer service interactions, payments information, shipping information, and information shared in Hayani Designs forums.
Data from Advertising and Marketing Partners: As described below, Hayani Designs receives information from our advertising and marketing partners about you. This information can include attribution information via cookies and UTM tags in URLs to determine where a visit to Hayani Designs comes from, responses to marketing emails and advertisements, responses to offers, and audience information from partners who you have given consent to share that information with us.
Location Information: We collect information about your use of the Services for advertising, for analytics, to serve content, and to protect the Services. This can include your IP address, browser information (including referrers), device information (such as iOS IDFA, IDFV for limited non-advertising purposes, Android AAID, and, when enabled by you, location information provided by your device). When you use the Apps, you can choose to share your geolocation details with Hayani Designs in order to use functions like our local marketplace, maps, and for in-person sales (although you don’t need to share these details). You can choose to publish your location when you sell on Hayani Designs.
We obtain location information you provide in your profile or your IP address. With your consent, we may also determine location by using other information from your device, such as precise location information from GPS or information about wireless networks or cell towers near your mobile device. We use and store information about your location to provide features and to improve and customize the Services, for example, for Hayani Designs internal analytics and performance monitoring; localization, regional requirements, and policies for the Services; for local content, search results, and recommendations; for shipping and mapping services; and using approximate location information, such as a city or country, for marketing and personalizing and tailoring our Services to you. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you may revoke your consent to the sharing of that information through the settings on the Apps or on your mobile device. Certain non-precise location services, such as for security and localized policies based on your IP address or submitted address, are critical for the Site to function. We will only share your geolocation details with third parties (like our mapping, payments, or, to the extent applicable, advertising providers) in order to provide you with the Services. You may also choose to enable the Apps to access your mobile device’s camera to upload photographs to Hayani Designs.
Analytics Information: We use data analytics software to ensure Site and App functionality and to improve the Services. This software records information such as how often you use the Apps, what happens within the Apps, aggregated usage, performance data, app errors and debugging information, and where the Apps were downloaded from. We do not link the information we store within the analytics software to any personally identifiable information that you submit within the mobile application.
Information from Third Parties: Some members or visitors may choose to connect to Hayani Designs or register an Hayani Designs account using an external third-party application, such as Facebook. Connecting your Hayani Designs account to third-party applications or services is optional. If you choose to connect your account to a third-party application, it is subject to your agreements with that third party (like their Terms of Use and privacy notices), and Hayani Designs can receive information from that application. We may also collect public information in order to connect with you, such as when we communicate with you over social media. We may use that information as part of providing the Services to you. You can also choose to share some of your activity on Hayani Designs on certain social media networks which are connected to your Hayani Designs account, and you can revoke your permission anytime in your account settings. Certain third-party applications that you use to create or sign in to your account may provide you with the option to discontinue receiving messages from us or allows you to forward those messages to another email address. If we are unable to send you critical messages about your account, we may suspend or terminate your account.
Non-Member Information: Hayani Designs receives or obtains information (for example, an email address or IP address) about a person who is not yet a registered Hayani Designsmember (a “non-member”) in connection with certain Hayani Designs features, such as when a non-member chooses to subscribe to an Hayani Designs newsletter, a member invites a non-member to visit the Site, a member uploads non-member information using the contact uploader feature, a non-member engages in a transaction, a member sends a gift card code to a non-member, or a non-member uses Guest Checkout to make a purchase. Non-member information is used only for the purposes disclosed when it was submitted to Hayani Designs, for purposes necessary to the functioning of Hayani Designs Services or where Hayani Designs has a legitimate interest, as disclosed in the “Information Uses, Sharing, & Disclosure” Section below, or to facilitate action authorized by a member or the non-member.
3. Findability
You can choose to import your contacts from your mobile device or personal email address book, or a social network account to Hayani Designs. We do not retain the login information for your email service, mobile device, or social network site. You can search for people you know by email address or phone number on the Site or through the contact information you import. Finding your friends on Hayani Designs helps you connect with them on our platform. For example, you can follow another member’s public activity, such as public Favorites. When you begin following another member’s activity, they will receive an email notification (if the member has consented to receiving this type of email).
If you do not want your contacts to be able to find you on Hayani Designs through your email address, phone number, or social networking connections, then you can change your findability through your account settings. If you do not wish to be located on Hayani Designs via your name, you can remove your name and instead may use a nickname or alias as your name in your public account information.
4. Messages from Hayani Designs
On occasion, Hayani Designs will need to contact you. Primarily, these messages are delivered by email, Hayani Designs Messages, or by push notifications for a variety of reasons, including marketing, transactions, advocacy, and service update purposes. If you no longer wish to receive push notifications, you can disable them at device level. You can opt out of receiving marketing communications via email or Messages in your account settings or by following the unsubscribe link in any marketing email you receive. To ensure you properly receive notifications, we will need to collect certain information about your device, such as operating system and user identification information. Every account is required to keep a valid email address on file to receive messages. Hayani Designs may also contact you by telephone to provide member support or for transaction-related purposes if you request that we call you. Additionally, and with your consent where required by applicable law, Hayani Designs may send you an SMS (or similar) message, or reach out to you by telephone, in order to provide you with customer support, for research or feedback, for security purposes when you enable two factor authentication in your account, or to provide you with information about products and features that you may find of interest. You can update your contact preferences in your account settings. When you contact a seller using Hayani Designs Messages, the feature that allows buyers and sellers to communicate through the Services, we may share aggregated information about your use of the Services to sellers, for example if you are a frequent purchaser or a new buyer, so they can provide you with better service and so we improve our Site and Apps.
Some messages from Hayani Designs are service-related and necessary for members and Guest Checkout users. You understand and agree that Hayani Designs can send you non-marketing emails, Hayani Designs Messages, or messages, such as those related to transactions, your account, security, or product changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, service availability, modification of key features or functions, relaying Messages with buyers, and correspondence with Hayani Designs Support team (including by chat interface or the other methods of communication as described above).
When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number such as for a Guest Checkout purchase, you receive notice of and agree (in some jurisdictions and situations, by an additional unambiguous consent) to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt out link included in such emails, advocacy emails or messages. Members can also control which marketing emails or messages they receive from Hayani Designs through their account settings. Please note that some changes to your account settings may take a few days to take effect.
5. Community
Hayani Designs is a marketplace and a community. We offer several features that allow members to connect and communicate in public or semi-public spaces, such as Forums and Teams, which are a part of the Hayani Designs Community space. You don’t have to use these features, but if you do, please use common sense and good judgment when posting in these community spaces or sharing your personal information with others through the Services. Be aware that any personal information that you choose to submit there can be read, collected, or used by others, or could be used to send unsolicited messages to you. We engage certain third parties to assist in providing community services to you and, in the context of that relationship, we need to share some of your information with such third parties in order to provide that service. This may include, for example, information from your Hayani Designs account that is publicly available, your account’s status, your forum posts and Team memberships, your Hayani Designs username and/or shop name, the display name you’ve optionally chosen to share publicly in your Hayani Designs account, avatar image, the date that you registered on Hayani Designs, as well as your language and regional settings on the Site. If you close your Hayani Designs account, your Community account, which allows you to post in Forums, will also be closed and related personal information will be deleted. However, your posts may remain public after your account is closed, although your name will no longer be displayed alongside the post. You are responsible for the personal information that you choose to post in community spaces through the Services. You can set your privacy preferences and download your data in your Community Settings, and close or delete your Community account by submitting a request to Hayani Designs.
Another member may follow your public activity on the Site to receive updates, such as when you add an item to your public Favorites or Collections. You may choose to make certain activities private through your account settings. You have the option to block any member with whom you do not wish to share your updates.
6. Information Uses, Sharing, & Disclosure
We respect your privacy. Hayani Designs will not disclose your name, email address, or other personal information to third parties without your consent, except as specified in this policy.
You can control your privacy settings through the Privacy tab in your account Settings and by clicking on the “Privacy / Do not sell my personal info” link in the footer of most site pages and our homepage. Please note that some changes to your privacy settings may take a few days to take effect. We or our sellers may advertise our Services or our sellers’ products through a variety of different mediums and rely on your consent to do so off-site.
Legal Bases
When you access or use the Services, we collect, use, share, and otherwise process your personal information for the purposes described in this policy. We rely on a number of legal bases to use your information in these ways. These legal bases include where:
- Necessary to perform the contractual obligations in our Terms of Use and in order to provide the Services to you;
- You have consented to the processing, which you can revoke at any time;
- Necessary to comply with a legal or regulatory obligation, a court order, or to exercise or defend any impending or asserted legal claims;
- Necessary for the purposes of our or a third party’s legitimate interests, such as those of visitors, members, or partners (described in more detail below);
- You have expressly made the information public;
- Necessary in the public interest, such as to prevent crime; and
- Occasionally necessary to protect your vital interests or those of others (in rare cases where we may need to share information to prevent loss of life or personal injury).
We principally rely on consent (which can be withdrawn at anytime) (i) to send marketing messages, (ii) for third-party data sharing related to advertising, and, to the extent applicable, (iii) for the use of location data for advertising purposes.
We rely on consent for targeted online and offline marketing including through tools like Facebook Custom Audience and Google Customer Match. We or our sellers may advertise our Services or our sellers’ products through a variety of different mediums and rely on your consent to do so off-site. As part of this, we may work with advertising partners such as Facebook, Google.
7. Transfers
When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your information is in the US, it may be accessed by government authorities in accordance with US law.
To the extent that Hayani Designs is deemed to transfer personal information outside of the EEA, we rely separately, alternatively, and independently on the following legal bases to transfer your information:
Model Clauses
The European Commission has adopted standard contractual clauses (also known as Model Clauses), which provide safeguards for personal information that is transferred outside of Europe. We often use these Model Clauses when transferring personal information outside of Europe. You can request a copy of our Model Clauses by emailing [email protected].
Necessary for the Performance of the Contract between Hayani Designs and its Members
Hayani Designs provides a voluntary service; you can choose whether or not to use the Services. As we operate in countries worldwide and use technical infrastructure in the U.S. to deliver the Services to you, in accordance with the contract between us (our Terms of Use), we need to transfer your personal information to the U.S. and to other jurisdictions as necessary to provide the Services. Simply put, we can’t provide you with the Services and perform our contract with you without moving your personal information around the world.
8. Security
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and after it is received, for example encryption is used for certain information (such as credit card numbers) using TLS (transport layer security). Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.
Your account information is protected by a password. It is important that you protect against unauthorized access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services. Hayani Designs offers advanced security features and settings for members, such as two-factor authentication for signing in, and sign in history and notifications; you can view more information in your account settings.
If you have any questions about the security of your personal information, you can contact us at [email protected].
9. Retention
Hayani Designs will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your Hayani Designs member account), or as needed to provide the Services to you. If you no longer want Hayani Designs to use your information to provide the Services to you, you may close your account. Hayani Designs will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. In addition, Hayani Designs sellers may also be required to retain and use your information in order to comply with their own legal obligations. Please note that closing your account may not free up your email address, username, or shop name (if any) for reuse on a new account. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.
10. Your Rights & Choices
Certain privacy laws around the world, including the European General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), provide users with rights related to their personal information. Consistent with those laws, Hayani Designs gives you the choice of accessing, editing, or removing certain information, as well as choices about how we contact you. You may change or correct your Hayani Designs account information through your account settings. You may also remove certain optional information that you no longer wish to be publicly visible through the Services, such as your name. You can also request to permanently close your account and delete your personal information. Depending on your location, you may also benefit from a number of rights with respect to your information. While some of these rights apply generally, certain rights apply in limited cases.
You can opt out of receiving interest based advertising through your account privacy settings, or the “Privacy / Do not sell my personal info” links located at the footer of our homepage and most pages of the Site. California residents can also opt out by broadcasting the Global Privacy signal from a supported browser.
Accessibility
If you have a disability and would like to access this policy in an alternative format, please contact us using one of the channels listed in the “Contact” section below.
11. Your Responsibilities
If you sell using our Services , you may receive and determine what to do with certain personal information. Your privacy responsibilities, including when you act as an independent data controller (someone who decides what personal data to collect and the purpose you use the data for) are laid out in the Hayani Designs Seller Policy
12. Privacy Policy Changes
We may amend or update this policy from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (i) posting the changes on or through the Services, (ii) sending you an email or message about the changes, or (iii) posting an update in the version notes on the Apps’ platform. We encourage you to check back regularly and review any updates.