1. OVERVIEW
The Terms of Use is a binding contract between you and us, TJ Brand Boost.
We may change the Terms of Use from time to time. When we do, we will inform you of these changes in a timely manner to give you an opportunity to review them before they go into effect.
2. USER REQUIREMENTS AND REGISTRATION
You must be at least 18 years old and the age of majority in your country/region to use our Services. We are not liable for any third-party content on TJ Brand Boost that may be offensive, indecent, or objectionable, although we may remove or restrict such content based on our content moderation processes.
Please don’t use our Services if you are unable to form legally binding contracts or if you have previously been banned from using our Services due to prior violations of the Terms of Use or other reasonable reasons.
3. RULES AND RESTRICTIONS
In addition to using our Services for your own personal purposes only, you must use our Services in a lawful manner and in compliance with the Terms of Use and TJ Brand Boost policies. There are rules that govern your use of our Services, such as our Community Guidelines and Review Guidelines. Please read Section 3.5 of the Terms of Use for these rules and restrictions. Failure to comply with these rules and restrictions may result in restriction, suspension or termination of your account.
4. PRIVACY
Please read our Privacy Policy for information on how we handle your personal information.
5. COMMUNICATIONS
We will communicate with you through emails, texts, mobile push notices and notices and message on TJ Brand Boost where you have given your permission as required by law. You are responsible for any fees, costs, or expenses related to your use of our Services. Communications and documents we provide electronically will have the same legal effect as those provided in writing.
You may sign up to receive our marketing materials via mobile texts or emails and you are free to opt out. Receiving marketing texts is not a condition of using our Services.
6. PURCHASES
Please read the full product listing before purchasing any products. All prices include applicable VAT and all other taxes to the extent applicable (other than custom duties, which are subject to specific provisions in Section 10.1).
We strive to provide accurate information on TJ Brand Boost, but there may be mistakes that relate to pricing or other information on the products. We reserve the right (where the law allows) to correct such mistakes and to change or modify this information or to cancel part or all of an order.
You are provided with legal rights pursuant to national consumer laws, including a legal warranty that the product will be in conformity (for example, with the product description, any specifications and the sales contract). Your remedy may notably include (a) to have the product brought into conformity; or (b) to terminate your contract. You may exercise such legal rights against the third-party merchandise partners.
By submitting your Customisation forms on our products you take full responsibility on having checked for errors or mistakes. Any mistakes made during your submission of the Customisation form are not grounds for a refund.
By providing your payment method information, you authorise us, our affiliates or agents to charge the payment method for the total cost for your purchase of products.
7. REFUNDS, EXCHANGES AND RELATED
Our Return and Refund Policy provides details on your remedies of return and refund. Please read this carefully.
8. REWARDS
You may receive various types of rewards through the Services, including credits, coupons, cash, gifts, or other forms. Please carefully read the rules which apply to any rewards you are granted as these may have conditions, such as eligibility conditions.
9. ENDING OUR RELATIONSHIP
You can stop using the Services at any time for any reason.
We may suspend or terminate your use of the Services or your account for breaching the Terms of Use or the TJ Brand Boost policies which will result in all content and rewards being forfeited and cancelled.
Some provisions of the Terms of Use will remain in effect even after termination, including ownership rights, warranty disclaimers, and limitations of liability.
10. INDEMNITY
You agree to indemnify us for any loss or damage we may suffer in the event that someone else sues us because of your wrongful actions.
This Privacy Policy describes how TJ Brand Boost (“we", “us” or “our”) handles Personal Data relating to persons located in the European Union (EU), the European Economic Area (EEA), and Switzerland that we collect through our digital properties that link to this Privacy Policy). At TJ Brand Boost, we care deeply about privacy. This Privacy Policy explains how we collect, use, share, and otherwise process the Personal Data of our registered account holders, those who purchase items on TJ Brand Boost without an account, and those who browse the Service (“users”). In this Privacy Policy, we also explain the rights individuals who are affected by our data handling have with regard to their Personal Data, including the right to object to certain types of processing we carry out. For more information, see the “Your Rights and Choices” section below.
For the purpose of this Privacy Policy, “Personal Data” has the meaning given in the General Data Protection Regulation (“GDPR”), i.e. meaning any information that relates to an identified or identifiable natural person (the “Data Subject”).
Data Controller: If you are located in the EU, EEA, or Switzerland, TJ Brand Boost, is the data controller responsible for your Personal Data. Contact details for TJ Brand Boost are set out in the “Contact Us” section below.
What Information Do We Collect
In the course of providing and improving our products and services, we collect your Personal Data for the purposes described in this Privacy Policy. The following are the types of Personal Data that we collect:
Information that you provide
When you create an account, browse the Service, place an order at checkout, contact us directly, or otherwise use the Service, you provide some or all of the following information:
Account and profile
We collect your mobile phone number and/or email address as the login credentials for your account and assign a user identification number (“UID”) to your account. If you choose to register or sign in via external third-party services, such as Facebook or Google, we will collect your profile photo, username, and/or email address associated with the relevant third-party service provider. We also collect your profile information, account settings, and preferences.
Information when you contact us
When you contact us, we collect the information you send us, such as reports, feedback, or inquiries about your use of the Service or information about possible violations of our Terms of Use or other policies.
Other data
We will collect other data that you provide for purposes as described in this Privacy Policy, or for any other purpose disclosed to you at the time we collect your information.
Information collected automatically
To enhance your experience with the Service and support the other purposes for which we collect Personal Data as outlined in this Privacy Policy, we automatically process information about you, your computer or mobile device, your interactions with the Service, and our communications over time, such as:
Device data
We collect Personal Data about the device you use to access the Service, such as device model, operating system information, language settings, unique identifiers (including identifiers used for advertising purposes where we have a legal basis for doing so).
Service usage information
We collect Personal Data about your interactions with the Service, including the items in your shopping cart, your order pages you view, your duration on a page, the source from which you arrived at a page, your interactions with a page, whether you opened our emails, and whether you clicked the links within our emails. We also collect service-related, diagnostic, and performance information, including crash reports and performance logs.
General location data
We collect your approximate location based on your technical information (e.g., IP address).
Cookies data
We collect information from cookies and similar technologies stored on your device. These cookies are either necessary and required to provide our Service (for example, the cookies we use to display products relevant to your language and location) or optional (for example, the cookies used to track and measure the advertisements shown to you). To learn more, including how to disable certain cookies, please read our Cookies and Similar Technologies Policy.
Information from third-party sources
To the extent permitted by applicable law, we receive and collect Personal Data from other third-party sources, such as:
Our payment processors
We obtain Personal Data from our third-party payment processors who help us process transactions, provide our Service, and prevent fraudulent or illegal activity. The Personal Data our payment processors pass to us includes your name, email address, billing address, and phone number.
Other third-party services
We obtain your Personal Data from other third-party services, such as:
Social media service providers, from whom we collect your username, profile picture, and/or email address associated with the relevant third-party service provider, if you choose to register or sign in on the Service using said third-party service.
Logistics service providers. To effectively complete order fulfilment, we will obtain your logistics information from logistics providers, such as delivery progress and delivery address, and make this information available to you within your account.
Declining to provide information
We need to collect Personal Data to provide certain services. If you do not provide the information we require to provide the Service, we cannot provide the Service. Other information is optional, but without it, the quality of your experience of the Service may be affected.
How and Why We Process Your Information and Our Legal Bases for Processing
We use the Personal Data that we collect for various purposes, including to develop, improve, support and provide the Service, allowing you to use its features while fulfilling and enforcing our Terms of Use.
In the EEA and Switzerland, we require a legal basis to process your Personal Data. We rely on different legal bases depending on why we are processing your Personal Data.
For each legal basis we rely on, we explain in this section the purposes of our processing (why we use your Personal Data) and the specific processing operations we perform (how we handle your Personal Data to achieve those purposes). We also set out the categories of Personal Data involved in each case.
You have rights available to you depending on which legal basis we use. For more information on how to exercise your rights, see the “Your Rights and Choices” section below.
Contractual Necessity
When you register for, access or use the Service, we process Personal Data as necessary to perform the contracts you enter into with us (such as our Terms of Use) if you have the legal capacity to enter into an enforceable contract.
When we process Personal Data you provide to us which is necessary to perform a contract with you, you have the right to port it to another data controller. To exercise your rights, please visit the “Your Rights and Choices” section of this Privacy Policy.
Account creation and maintenance
If you create a user account on the Service, we create and maintain your account, using your account and profile information, device data, and general location data (e.g., IP address), in accordance with your settings and preferences, and enable account security features (e.g., sending security codes via email or SMS).
We will collect information from social media services if you choose to register or sign in on the Service using said third-party service.
Orders and delivery of products and services
We facilitate adding items to your shopping cart and enable provision of customised products using your service usage information (including customised order information you provide), allow you to chat in relation to your orders using chats with merchandise partners, receive and process your orders using account and profile and purchases information, deliver products to you using information from logistics service providers and third-party mapping platforms, and process your payments using information from our payment processors. We facilitate order disputes, refunds and/or returns of your orders using information categories including customer support activity, purchases, general location data (e.g., IP address), information from logistics service providers, and information from our payment processors.
Provide search results and listings for non-personalised products you may wish to buy where strictly necessary to provide the Service
For example, when you search for a particular item, we will present a selection of items matching your search criteria using information categories, including general location data (e.g., IP address) and service usage information.
Platform Safety and Security
To the extent strictly necessary to provide the Service in line with the Terms of Use, we prevent, detect, investigate, and respond to possible unauthorised access, fraudulent transactions, and harmful, unauthorised, unethical, or illegal activities, including cyberattacks and identity theft.
Legitimate Interests
Where there is no legally enforceable contract in place, or where the processing is not strictly necessary, we can rely on legitimate interests to process your Personal Data for the purposes described above.
We rely on legitimate interests (ours, yours or those of another party) where they are not outweighed by your interests or fundamental rights and freedoms.
You have the right to object to, and seek restriction of, processing of your Personal Data based on legitimate interests. To exercise your rights, please visit the “Your Rights and Choices” section of this Privacy Policy.
Provide off-platform interest-based advertising, which are personalised
We, our service providers, and our third-party advertising partners process your Personal Data for interest-based advertising purposes off the platform, and for analytics. In providing interest-based advertising, we follow the Self-Regulatory Principles for Online Behavioural Advertising, as set forth by the European Interactive Digital Advertising Alliance (EDAA), which is an advocacy organisation for responsible digital marketing and consumer privacy. You can learn more about interest-based advertising and your opt-out choices of third-party advertising networks here.
Information categories used for this purpose may include account and profile, cookies data, device data, general location data (e.g., IP address), purchases, and service usage information.
See our Cookies and Similar Technologies Policy for more information on our advertising cookies.
Legitimate interest relied upon:
It is in our commercial interests to promote the Service and measure the effectiveness of advertising.
It is in the interests of persons who would be happy to learn or learn more about the Service and discover relevant products that they are interested in, including advertising that is appropriate and relevant to their location and language.
It is in the interests of merchandise partners operating on the Service to promote their products to potential customers.
Ensure Security of the Platform
We prevent, identify, investigate, report and deter fraudulent, harmful, unauthorised, unethical or illegal activities, including fraud, unauthorised access to or use of the Service, violations of our policies, cyberattacks, identity theft or other misconduct, where not strictly necessary to provide the Service in line with the Terms of Use and/or where there is no legal obligation to do so.
Information categories used for this purpose may include account and profile, chats with merchandise partners, customer support activity, device data, general location data (e.g., IP address), information from data providers, our payment processors, public authorities in the EEA and Switzerland, public sources and rights holders, information when you contact us, purchases, service usage information, and user-generated content.
Your Consent
We process Personal Data for the purposes described below when you have given us your prior consent. You have the right to withdraw consent to processing based on your prior consent at any time without affecting the lawfulness of processing based on such consent before the consent is withdrawn. To exercise your rights, visit the “Your Rights and Choices” section of this Privacy Policy.
Where your prior consent is obtained
In some cases, we will specifically ask for your prior consent to collect, use or share your Personal Data to the extent permitted by applicable law. For example, we will seek your prior consent when we place certain cookies or similar technologies on your device.
Depending on the circumstances, information categories used may include account and profile, device data, general location data (e.g., IP address), information from cookies and similar technologies, and information from marketing partners.
Compliance with a Legal Obligation
We may use your Personal Data where it is necessary for us to comply with a legal obligation.
Compliance and legal obligations
We can use your Personal Data for compliance purposes and to comply with applicable law, lawful requests and legal processes (e.g., responding to subpoenas or requests from government or regulatory authorities, or where there is a mandatory duty to report criminal offences); to protect our, your and other users' rights, privacy, safety or property (including the institution and defence of legal claims); audit internal processes to ensure compliance with legal and contractual requirements and our internal policies; enforce the Terms of Use; and prevent, identify, investigate and deter fraudulent, harmful, unauthorised, unethical or illegal activities, including cyberattacks and identity theft.
Information categories used for this purpose may include account and profile, chats with merchandise partners, customer support activity, device data, general location data (e.g., IP address), information from public authorities in the EEA and Switzerland, public sources and rights holders, purchases, service usage information, user-generated content, and other data.
Examples of Irish and EU laws enforceable in Ireland that could give rise to a legal obligation requiring us to process information we hold about you are the Irish Data Protection Act 2018, the GDPR, and the Digital Services Act.
How and Why We Share Your Information
At TJ Brand Boost, we care deeply about privacy. In certain circumstances described in this Privacy Policy, we share your Personal Data with the following parties for the purposes outlined below.
Service providers
We share your Personal Data with third parties who provide services on our behalf or help us operate the Service. The services these third parties provide include hosting, information technology, customer support, content delivery, email delivery, order fulfilment and delivery, marketing, and website analytics. We generally require these service providers to use Personal Data only as necessary to perform the services or comply with applicable legal obligations.
Payment processors
We share your Personal Data with our payment processors as necessary to complete payments, process disputes, and/or process refunds.
Advertising and analytics partners
We share your Personal Data with third-party advertising, marketing, and analytics companies for the interest-based advertising and analytics purposes described in our Cookies and Similar Technologies Policy.
Third parties designated by you
We share your Personal Data with third parties where you have instructed us or provided your consent to do so and where we have a legal basis for doing so. We share the Personal Data required for the services you request with third parties designated by you. For example, where you choose to share a link to a TJ Brand Boost product listing via a third-party social media service. Please be aware that when you use third-party sites or services, their own terms and privacy policies will govern your use of those sites or services.
Business and marketing partners
We share your Personal Data with specialist third parties with whom we collaborate in order to offer or promote the Service. For example, depending on your communication preferences, we may share your Personal Data with third-party service providers with whom we have partnered in order to send you marketing SMS and email messages.
Professional advisors, public authorities, institutions, and regulators
We may share your Personal Data with our professional advisors (e.g., lawyers, auditors, bankers and insurers), and public authorities, such as law enforcement authorities in response to legal processes (such as those issued by courts or authorities in your country of residence); vetted researchers, where required by applicable law, and with other parties (including financial institutions) in order to enforce our agreements or policies, protect the rights, property and safety of TJ Brand Boost, users and others, and to detect, prevent and address actual or suspected fraud, violations of the Terms of Use, other illegal activities, security issues, or when it is required by law.
Your Rights and Choices
You have the following rights and choices:
Right to Access
You have the right to obtain from us confirmation as to whether or not Personal Data concerning you is being processed, and, where that is the case, access to the Personal Data and certain information about the processing. Click here to submit a data request.
Right to Erasure
You have the right to request that we delete Personal Data we maintain about you without undue delay if and to the extent that the Personal Data is no longer necessary in relation to the purposes for which it was processed, you have withdrawn your consent on which the processing is based, and where there is no other legal basis for the processing. In addition, we will erase your Personal Data if you object to the processing and there are no overriding legitimate grounds for the processing, the Personal Data have been unlawfully processed, or the Personal Data must be erased to comply with a legal obligation in the EU or Member State to which we are subject.
You can permanently delete your TJ Brand Boost account at any time should you no longer want to use the Service. For further details, please see here.
Right to Rectification
You have the right to request that we correct inaccurate Personal Data we maintain about you. You can edit your profile information at any time through your account settings.
Right to Restriction of Processing
You have the right to request that we restrict the processing of your Personal Data in any of the following circumstances: (i) if your Personal Data is inaccurate, its processing can be restricted for the period of time it takes for us to verify its accuracy; (ii) if the processing is unlawful and you object to your Personal Data being deleted, you can instead request that its processing be restricted; (iii) if we no longer need your Personal Data but you require us to retain it in order for you to bring, or defend against, a legal claim; (iv) if you have objected to our processing of your Personal Data but we rely on a legitimate interest to process it and you are awaiting the conclusion of our legitimate interest assessment.
Right to Data Portability
You have the right to request that we provide the Personal Data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format. This applies where the processing is based on consent or contractual necessity and the processing is carried out by automated means. Also, you have the right to have the Personal Data transmitted directly from one controller to another, where technically feasible.
Right to Object
You have the right to object, on grounds relating to your particular situation, at any time to our processing of Personal Data concerning you, including profiling, which is based on a task carried out by us in the public interest or on a legitimate interest. We will no longer process the Personal Data in case of such objection unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Right to Object (Direct Marketing)
When we process Personal Data for the purpose of direct marketing, including profiling related to such direct marketing, you have the right to object at any time to the processing of your Personal Data for this purpose. See the “Opt-out from Marketing Communications” section below for further information.
Right to Withdraw Consent
You have the right to withdraw your consent to the processing of your Personal Data at any time, where processing is based on your consent. The withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.
Right to object to/opt-out of automated individual decision making
You have the right not to be subject to a decision based solely on automated processing (i.e. an operation that is performed without any human intervention), if it produces legal effects (i.e. impacts your legal rights) or similarly significantly affects you (e.g., significantly affects your financial circumstances or ability to access essential goods or services), or to opt out of the processing of your Personal Data based on automated decision making. TJ Brand Boost does not make decisions based solely on automated processing that produce a legal effect or that similarly significantly affect individuals.
Right to Lodge a Complaint with a Supervisory Authority
You have the right to lodge a complaint with our lead supervisory authority, the Irish Data Protection Commission or your local supervisory authority.
These rights can be limited, for example, if fulfilling your data subject rights request would reveal Personal Data about another person, if the exercise of these rights would infringe the rights of a third party (including our rights), or if your request relates to information which we are required by law or for certain reasons of public interest to keep. Relevant exemptions are included in both the GDPR and relevant local implementing legislation.
You can exercise any of these rights by submitting a request via our web form dedicated to data subject requests or by contacting us using the information provided below. We will not discriminate against you for exercising any of these rights. In certain circumstances, we will need to collect additional information from you to verify your identity before providing a substantive response to the request. You can also designate an authorised agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorised them to act on your behalf, and we may need you to verify your identity directly with us.
Change settings for cookies and similar technologies
Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Service may not function properly. For more information about cookies and similar technologies, including how to see what cookies and similar technologies have been set on your browser and how to manage and delete them, visit http://www.allaboutcookies.org. You can also configure your device to prevent images from loading to prevent web beacons from functioning.
Our Global Operations and Data Transfers
To support our global operations:
We store the information described in the “What Information Do We Collect” section in servers located in the EEA.
Certain of our subsidiaries and affiliates, located outside the EU, EEA, and Switzerland, are given limited remote access to your Personal Data. See the “How and Why We Share Your Information” section above for more information.
We share your Personal Data with service providers, merchandise partners, and other parties described in the “How and Why We Share Your Information” section above, which can be located outside the EU, EEA, and Switzerland. Our service providers are based in Africa, the Asia-Pacific region, Europe and North and South America.
When we transfer your information outside of the EU, EEA, and Switzerland, we ensure it benefits from an adequate level of data protection by relying on:
Adequacy decisions. These are decisions from the European Commission under Article 45 of the GDPR (or equivalent decisions under other laws) which recognise that a country offers an adequate level of data protection. We can transfer your information detailed under the “What Information Do We Collect” section, as described in the “How and Why We Share Your Information” section, to some countries with adequacy decisions, such as the countries listed here; or
Standard contractual clauses. The European Commission has approved contractual clauses under Article 46 of the GDPR that allows companies in the EEA to transfer data outside the EEA. These contractual clauses (and their approved equivalent for Switzerland) are called standard contractual clauses. We rely on standard contractual clauses to transfer information detailed under the “What Information Do We Collect” section, as described in the “How and Why We Share Your Information” section, to certain affiliates and third parties in countries without adequacy decisions.
In certain situations, we rely on derogations provided for under applicable law to transfer information to a third country.
Click the following links to learn more about Adequacy decisions (or equivalent links under applicable laws) or Standard contractual clauses (or equivalent links under applicable laws).
Data Security and Retention
The security of your Personal Data is important to us. We use technical and organisational measures to help protect your Personal Data from loss, theft, misuse, unauthorised access, disclosure, alteration, and/or destruction. We also follow the Payment Card Industry Data Security Standard (“PCI-DSS”) in handling your credit card information. However, security risk is inherent in all internet and information technologies.
We retain Personal Data for as long as necessary to fulfil the purposes described in this Privacy Policy, including to provide the Service, to comply with legal obligations, or to protect our or other’s interests. We decide how long we need information on a case-by-case basis. To determine the appropriate retention period for Personal Data, we consider factors such as the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data, and whether we can achieve those purposes through other means, and the applicable legal requirements. When we no longer require the Personal Data we have collected about you for those purposes, we delete it, or anonymise it.
The length of time we will retain your Personal Data is generally determined by how long we require it to provide you with the Service and customer support.