General Data Protection Regulation (GDPR)
1. Privacy Notice
1.1. Who are we? MyCustomBobblehead.com is a CreativeWorks, LLC company. We are located in Raleigh, North Carolina where all the sales, marketing, graphical mockup design, and customer service operations are performed. Our Design Studios are located overseas and managed from our headquarter location in the United States.
Our GDPR Owner and data protection representative can be contacted directly at Marketing@MyCustomBobblehead.com
The personal data we would like to collect from you and process on you is:
Source - Provided by you: Email address, First name & Last name, billing address, shipping address, telephone number, payment details, photographs of any subjects which you would like to make custom bobbleheads of.
The personal data we collect will be used for the following purposes:
- The email address, full name, address, telephone number, and payment details are required for us to be able to accept your order, process your payment, and to ship your personalized product(s) to you.
- Your email address and full name will also be used so that we may email you proofs to review and provide feedback on throughout the entire design process.
- Your full name will also be used to identify your order during processing, along with an order number which is automatically generated by our system or the Marketplace you placed the order through.
- Any photographs provided will be used only for our artists to be able to sculpt a bobblehead design in the likeness of the desired subject. The head proofs, along with the side-by-side photograph, could be added to our Head Proof Image Gallery.
Our legal basis for processing for the personal data:
Legitimate interests: Any legitimate interests pursued by us, or third parties we use, are as follows:
- The processing is necessary in order to design and manufacture the purchased product(s) on your behalf
- The processing is necessary in order to fulfill and ship the purchased product(s)
- The processing is necessary in order to communicate and email you proofs to review and provide feedback on throughout the entire design process
The special categories of personal data concerned are: None.
1.2. Consent: By consenting to this privacy notice you are giving us permission to process your personal data specifically for the purposes identified.
Consent is required for MyCustomBobblehead.com to process the above described personal data, but it must be explicitly given. Where we are asking you for sensitive personal data we will always tell you why and how the information will be used.
You may withdraw consent at any time by:
- Sending an email to Marketing@MyCustomBobblehead.com to withdraw consent for other processing, such as orders and custom product designs. In the email, please attach appropriate documentation of your identity so that we can confirm that it is you. MyCustomBobblehead.com accepts the following forms of ID when information on your personal data is requested:
- Driving licence,
- Birth certificate,
- Utility bill (from last 6 months),
1.3. Disclosure: If you purchase a custom bobblehead product from us, then we must share the provided photographs with our Design Studio and artists to be able to sculpt the bobblehead design in the likeness of the desired subject.
1.4. Retention period: MyCustomBobblehead.com will store the personal data for the life of our organization, unless we otherwise receive proper authorization and instructions to remove it.
1.5. Your rights as a data subject: At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:
- Right of access – you have the right to request a copy of the information that we hold about you.
- Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
- Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
- Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
- Right of portability – you have the right to have the data we hold about you transferred to another organization.
- Right to object – you have the right to object to certain types of processing such as proofs being shown in the Head Proof Image Gallery.
- Right to judicial review: in the event that MyCustomBobblehead.com refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain as outlined in clause 1.6 below.
1.6. Complaints: In the event that you wish to make a complaint about how your personal data is being processed by MyCustomBobblehead.com (or third parties as described in 1.1 above), or how your complaint has been handled, you have the right to lodge a complaint directly with the GDPR Owner and data protection representative by sending an email to Marketing@MyCustomBobblehead.com
1.7. Privacy statement: See Section 2 below.
2. Privacy Statement
2.1. California residents: Under the California Consumer Privacy Act of 2018 (“CCPA“), California residents have certain rights around MyCustomBobblehead.com’s collection, use, and sharing of their personal information.
MyCustomBobblehead.com does not sell your personal information and has not sold personal information in the last twelve months.
MyCustomBobblehead.com collects various categories of personal information when you use the Service, including identifiers, commercial information, internet or other electronic network or device activity information, and professional information. This information is only used to process your orders and inquiries, when you give us permission to do so.
If you are a resident of California, you have the right to request to know what personal information has been collected about you, and to access that information. You also have the right to request deletion of your personal information, though exceptions under the CCPA may allow MyCustomBobblehead.com to retain and use certain personal information notwithstanding your deletion request. We will not discriminate against you for exercising your rights under the CCPA.
2.2. Personal data:
Under the EU’s General Data Protection Regulation (GDPR) personal data is defined as: “any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.
2.3. How do we use your information? This privacy notice tells you how we, MyCustomBobblehead.com, will collect and use your personal data for:
- Cookies: A cookie is a small piece of text sent to your browser by our website. It helps us remember information about your visit, which can make it easier to visit the website again and make the website more useful to you.
- Address Information: Our website uses an order form for you to request information, products and services. We collect your contact information, including, but not limited to, full name, mailing address, email address, and telephone number. Collected information is used for the benefit of MyCustomBobblehead.com to send information to customers about their orders. This information is also used for billing and to contact you when necessary.
2.4. Why does MyCustomBobblehead.com need to collect and store personal data? In order for us to provide you with our products and services we need to collect personal data for order processing and fulfillment, and product design purposes. In any event, we are committed to ensuring that the information we collect and use is appropriate for this purpose, and does not constitute an invasion of your privacy.
2.5. Will MyCustomBobblehead.com share my personal data with anyone else? We only share the provided photographs with our Design Studio and artists to be able to sculpt the bobblehead design in the likeness of the desired subject. We do not share any other type of personal data with anyone else. Any third parties that we may share your data with are obliged to keep your details securely, and to use them only to fulfil the design, production, or fulfillment service they provide you on our behalf. When they no longer need your data to fulfil this service, they will dispose of the details in line with MyCustomBobblehead.com’s procedures. If we wish to pass your sensitive personal data onto a third party we will only do so once we have obtained your consent, unless we are legally required to do otherwise.
2.6. How will MyCustomBobblehead.com use the personal data it collects about me? MyCustomBobblehead.com will process (collect, store and use) the information you provide in a manner compatible with the EU’s General Data Protection Regulation (GDPR). We will endeavour to keep your information accurate and up to date, and not keep it for longer than is necessary. MyCustomBobblehead.com is required to retain information in accordance with the law, such as information needed for income tax and audit purposes. How long certain kinds of personal data should be kept may also be governed by specific business-sector requirements and agreed practices. Personal data may be held in addition to these periods depending on individual business needs.
2.7. Under what circumstances will MyCustomBobblehead.com contact me? We will contact you to gather all the necessary personalization information needed for the sculpting of your product and throughout the design process to provide you with the corresponding proofs to review and obtain feedback on. Our goal is not to be intrusive, and we undertake not to ask irrelevant or unnecessary questions. Moreover, the information you provide will be subject to rigorous measures and procedures to minimize the risk of unauthorized access or disclosure.
2.8. Can I find out the personal data that MyCustomBobblehead.com holds about me?: MyCustomBobblehead.com at your request, can confirm what information we hold about you and how it is processed. If MyCustomBobblehead.com does hold personal data about you, you can request the following information:
- Identity and the contact details of the person or organization that has determined how and why to process your data
- Contact details of the data protection officer, where applicable
- The purpose of the processing as well as the legal basis for processing
- If the processing is based on the legitimate interests of MyCustomBobblehead.com or a third party, information about those interests
- The categories of personal data collected, stored and processed
- Recipient(s) or categories of recipients that the data is/will be disclosed to
- If we intend to transfer the personal data to a third country or international organization, information about how we ensure this is done securely. The EU has approved sending personal data to some countries because they meet a minimum standard of data protection. In other cases, we will ensure there are specific measures in place to secure your information
- How long the data will be stored
- Details of your rights to correct, erase, restrict or object to such processing
- Information about your right to withdraw consent at any time
- How to lodge a complaint with the supervisory authority
- Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data
- The source of personal data if it was not collected directly from you
- Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing
2.9 What forms of ID will I need to provide in order to request access to the personal data MyCustomBobblehead.com holds about me? MyCustomBobblehead.com accepts the following forms of ID when information on your personal data is requested:
- Driving licence,
- Birth certificate,
- Utility bill (from last 6 months),