General Data Protection Regulation:
Kleed Kimonos is working towards a Safe & Transparent GDPR compliance.
All information provided by the Customer is used only for Shipping and Billing processing.
Only if the Customer opts-in, his or her information may be used for Marketing Communication.
At any time, if the customer requires that his or her information is deleted, Kleed Kimonos will comply within 30 days.
All personal data will only be used by Kleed Kimonos or entities explored by Kleed Kimonos.
If we are attacked, we will inform the customer immediately.
Kleed Kimono’s Online Store is ran by the e-commerce platform for online stores and retail point-of-sales systems named SHOPIFY.
All information and processes ran at Kleed Kimono’s Online Store are protected by Shopify's General Data Protection Regulation policy, which can be fully read at the end of these Terms & Conditions.
All data is secured and encrypted through Shopify.
April 20, 2018
Table of contents
Table of contents 2
Global GDPR application 5
Who does the GDPR apply to? 5 Shopify 5 Merchants and partners 5 Buyers 6
What data does the GDPR apply to? 6
Controller vs. processor status 6
Processor obligations 8 Subprocessing 9 Data protection impact assessments 9 Personal data breach reporting 9 Appointment of a Data Protection Officer 10
Controller obligations 10 Facilitating requests 10 Posting a privacy notice 10 Complying with marketing and cookie regulations 11 Obtaining consent to process children’s data 11
Legal basis for processing 11
Data transfers 13
Within EEA 14 EEA to Canada 14 United States 14 Disclosures to third parties 15 Shopify ecosystem 16 App Store disclosures 16
Data subject rights 16
Erasure 17 Timing 17
Scope 18 Access 18 Data portability 19 Rectification 19 Automated decision-making 20
Data protection and security 21
Organisational measures 21 Technological measures 22 Monitoring and logging 22 Security controls 22 Security standards and certifications 23
Contractual agreements and data processing addenda 23
Shopify plans 23 Shopify Plus plans 24
Accountability and transparency 24 FAQ 25
What do I do if I have more questions about the GDPR or my local privacy laws? 25
Who can I contact for more information on Shopify’s practices? 25
If I use Shopify to host my store, does my business comply with GDPR? 25
Will Shopify sign Standard Contractual Clauses? 26
Shopify is working to make sure that it will comply with the European Union’s General Data Protection Regulation (GDPR) when it takes effect on May 25, 2018, and to make sure that its merchants will also be in a position to comply in relation to their use of Shopify. This whitepaper presents Shopify's approach to GDPR preparation and compliance.
BCRs: Binding Corporate Rules.
Buyer: Person visiting a store hosted by Shopify.
Controller: Party that determines how and for what purposes personal data is processed.
DPIA: Data Protection Impact Assessment.
EEA:E uropeanEconomicArea.EEAcountriescurrentlyincludeAustria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.
GDPR: General Data Protection Regulation.
NDA: Non-disclosure Agreement
Partner: Party that creates Shopify stores on behalf of merchants. Personal data: Any information relating to an identified or identifiable person.
PIPEDA: Personal Information Protection and Electronic Documents Act. Processor: Party that processes personal data on behalf of the controller.
Global GDPR application Who does the GDPR apply to?
The GDPR applies to any company that handles the personal data of residents in the European Economic Area (EEA). Because Shopify works with merchants who serve buyers in the EEA, and serves buyers in the EEA directly, the GDPR applies to these elements of its business.
However, because Shopify believes strongly in data protection and privacy, it will give all of its merchants and partners the ability to offer their buyers the rights afforded by the GDPR to control their personal data, wherever they live. Additionally, Shopify will provide tools and processes for its merchants to fulfill GDPR-related requests from their buyers regardless of the buyer’s location.
Merchants and partners
Separate from the way in which the GDPR applies to Shopify, the regulation also applies to Shopify’s merchants and partners who operate in the EEA or offer goods or services to residents of the EEA.
While Shopify is working to make sure that its own operations will comply with the GDPR, and to provide its merchants and partners with the tools to help its merchants comply with the GDPR, each merchant is ultimately responsible for ensuring that their business complies with the laws of the jurisdictions in which they operate or have buyers.
Using Shopify does not guarantee that a merchant or partner complies with the GDPR.
The GDPR also gives certain rights to identified or identifiable persons (referred to as data subjects) , including buyers visiting stores belonging to Shopify merchants. These include the right to request:
● Deletion (e rasure) of their personal data
● Correction (r ectification) of their data
● Access to their data
● An export of their data in a common (portable) format
This topic is discussed more fully in the Data subject rights section. What data does the GDPR apply to?
The GDPR generally applies to the collection and processing of personal data. Under the GDPR, personal data means any information relating to a data subject. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as:
● Identification number
● Location data
● Online identifier (such as IP address or cookie ID)1
Controller vs. processor status
The GDPR separates data protection responsibilities into two categories: controllers and processors.
Controller: The party that determines for what purposes and how personal data is processed.2
1 G eneral Data Protection Regulation, Article 4(1). 2 General Data Protection Regulation, Article 4(7).
Processor: The party that processes personal data on behalf of the controller.3
Under the GDPR, in most cases the merchant collects information from their buyers as a controller. Generally, Shopify acts as a processor for the merchant with respect to such buyer personal data (or, if the merchant acts as a processor, Shopify acts as a subprocessor):
The one exception is for buyers with whom Shopify has a direct existing relationship. For example:
● Buyers who use Shopify's Frenzy flash-sale app to access a merchant's store
● Buyers who use Shopify Pay, which allows the buyer to store their payment information with Shopify for use across different Shopify stores
● Buyers who use Shopify’s Arrive app to track the status of orders made from a merchant’s store
Although in such cases the merchant may also separately be a controller of the buyer’s personal data, Shopify processes the personal data of these buyers as a controller, as indicated in the following diagram:
3 General Data Protection Regulation, Article 4(8).
To comply with the GDPR, generally the processor may only process personal data when authorised to do so by the controller.
Where Shopify is a processor for a merchant, it processes personal data on documented instructions from merchants. For example, when a merchant clicks Fulfill items, they give Shopify the instruction to process the data necessary to perform that action.4
Similarly, when a merchant selects a particular payment processor, or installs an application through the Shopify app store, they give Shopify the instruction to transmit data to the relevant party.
The GDPR also places several other responsibilities on the processor, discussed below:
4 See section 2.2.1 of Shopify's Data Processing Addendum:
Processors must notify and obtain consent from their controller when transmitting personal data to a subprocessor. Shopify uses a number of subprocessors to provide the service, including to:
● Store platform data
● Operate the forums and other portions of Shopify's website
● Respond to and manage support inquiries
When a merchant signs up for the Shopify service, they consent to allow Shopify to use subprocessors. A list of subprocessors is available upon request.
Data protection impact assessments
Shopify is formalising the process for conducting data protection impact assessments (DPIAs) any time a change in processing procedure occurs that is likely to result in a high risk to individuals’ privacy rights. Shopify will help answer reasonable questions a merchant has about Shopify’s processing activities.
Personal data breach reporting
Processors must notify the controller after becoming aware of a personal data breach resulting from a breach of the processor’s security.
Shopify is committed to ensuring that its incident response program meets the requirements of the GDPR. The specifics of breach notification are handled through a merchant's contract with Shopify.
Appointment of a Data Protection Officer
Processors must appoint a Data Protection Officer if they conduct certain types of personal data processing.
Shopify’s Data Protection Officer can be reached at email@example.com. Merchants should consider whether they also need to appoint a Data Protection Officer.5
Under the GDPR, the controller has the following responsibilities:
Controllers are obligated to help data subjects exercise their rights.6 Shopify’s merchants can do this by forwarding buyer requests to Shopify,
asdetailedintheD atasubjectrightssectionofthisdocument. Posting a privacy notice
When personal data is collected from a data subject, controllers must provide certain minimum information about the intended processing of the personal data, as well as information about how to contact and identify the controller.7
5 General Data Protection Regulation, Article 37.
6 General Data Protection Regulation, Article 12(2). 7 General Data Protection Regulation, Article 13.
Complying with marketing and cookie regulations
Controllers are responsible for making sure that they comply with marketing and cookie regulations in the jurisdictions in which they operate.
All merchants should similarly make sure that their email marketing practices comply with applicable e-marketing or anti-spam requirements.
Obtaining consent to process children’s data
When offering goods or services online directly to children under 16 years of age, the controller is responsible for obtaining verifiable consent from the child's parents for processing their data.10
Merchants are responsible for assessing whether they need to obtain a higher level of consent for certain buyers.
Legal basis for processing
Personal data cannot be processed except under a recognized legal basis (unless an exemption applies). The GDPR sets out a list of possible legal
bases under which personal data may be processed. These reasons include:
● Contractual obligations
● Legal obligations
● The public’s interests
● Legitimate interests of the controller or third party, balanced
against the rights of the data subject11
Consent of the data subject means the data subject has agreed to the processing of their personal data with a clear affirmative action.12
This agreement must be:
● Freely given
Merchants, as controllers of their buyers’ personal data, are responsible for ensuring they have a proper legal basis for doing so, including keeping evidence of consent when processing is based on consent.13
As its merchants’ processor, Shopify is not responsible for the merchants’ legal bases but only processes buyers’ personal data on behalf of and on the instructions of the merchant. In certain cases, however, the law may additionally require consent for certain types of processing (for example, when placing or retrieving cookies on a device). In such cases, the merchant is also responsible for obtaining appropriate consent.
11 General Data Protection Regulation, Article 6.
12 General Data Protection Regulation, Article 4(11). 13 General Data Protection Regulation, Article 7(1).
9 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications). Will be replaced by the ePrivacy Regulation.
10 General Data Protection Regulation, Article 8. Individual member states may lower the age of consent.
Upon request, Shopify will provide merchants with any reasonable information they require to obtain consent (for example, information about the categories of cookies placed when a buyer visits a storefront).
Personal data of residents of the EEA can only be transferred to recipients outside the EEA if the recipient has adequate protections in place. These protections may include:
● Adherence to domestic laws that have been deemed adequate by the European Commission
● Negotiated agreements (such as the EU-U.S. Privacy Shield)
● Contractual protections
● Approved sets of internal policies (Binding Corporate Rules)
● Approved codes of conduct or certifications
Shopify has protections for personal data in every step of its data flow, as described below. The following diagram illustrates Shopify's data transfer structure
EEA personal data is received and initially processed by Shopify's Irish entity, Shopify International Ltd.
EEA to Canada
Data is exported from the EEA to Shopify’s Canadian parent entity, Shopify Inc. This export takes place within Shopify’s corporate structure.
Data within Shopify Inc. is protected under PIPEDA, Canada’s private
sector privacy legislation, which is considered adequate under the GDPR. 14
Shopify Inc. uses a combination of data centers and cloud service providers to store this personal data in the United States and Canada.
When personal data is transferred to the United States, it is either done so through the EU-U.S. and Swiss-U.S. Privacy Shield, for Shopify’s own storage, or through contractual data protection addenda (DPAs) with third-party service providers. The EU-U.S. and Swiss-U.S. Privacy Shields are also considered adequate under the GDPR. Shopify’s Privacy Shield certification statement can be found on PrivacyShield.gov.15
14 P ursuant to the European Commission’s adequacy decision 2002/2/EC. Commission Decision of 20 December 2001 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data provided by the Canadian Personal Information Protection and Electronic Documents Act (notified under document number C(2001) 4539), online at: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32002D0002&qid=14 15699250815.
15 See: https://www.privacyshield.gov/participant?id=a2zt0000000TNSNAA4.
Additionally, Shopify is in the process of applying for approval of Binding Corporate Rules (BCRs) by the Irish Data Protection Commissioner. After they are approved, Shopify will rely on these BCRs to protect the personal data that is transferred between Shopify’s corporate entities worldwide.
Disclosures to third parties
Shopify will never independently sell personal data for commercial purposes. However, Shopify does disclose personal data to third parties or allow third parties to access personal data to help provide services—for example, to:
● Store platform data
● Operate the forums and other portions of Shopify's website
● Respond to and manage support inquiries
Additionally, Shopify may provide personal data, where permitted, to prevent, investigate, or respond to:
● Potential fraud
● Illegal conduct
● Physical threats
● Violations of any agreements with Shopify
Shopify also provides information to third parties when legally required to do so. Where Shopify believes it is legally required to provide information, and not legally prohibited from disclosing the existence of the legal order, it will notify the data subject and give the data subject a chance to seek a protective order.
More information on when Shopify discloses personal data will soon be provided on Shopify's website under the heading Guidelines for Legal Requests for Merchant or Buyer Data.
If a merchant agrees to use a third-party service provider such as a payment processor, a sales channel, or an app that is not controlled by Shopify, the respective service provider’s use of personal data is controlled by the merchant’s agreement with the provider. Shopify is not responsible for the data practices of these third-party service providers, and merchants should carefully evaluate these service providers as they would any third party.
Shopify recognises that it might be difficult for some merchants to obtain enough information from these service providers to conduct a careful evaluation. Shopify is working with these providers to make sure that they make information available to merchants about their data practices.
App Store disclosures
Similarly, Shopify is requiring all apps on the Shopify App Store to post disclosures about how the app handles personal data, but Shopify is not responsible for any app’s data collection or use, or for how the merchant uses the app. The merchant is responsible for reviewing these disclosures and to ensure that their use of the app complies with the laws of the jurisdictions in which the merchant operates or where it has buyers.
Data subject rights
The GDPR provides data subjects (in this case, buyers) with certain rights over their personal data. Generally, data subject requests must be addressed within one month, unless they are exceptionally complex or numerous.16 The following rights are granted to data subjects:
16 General Data Protection Regulation, Article 12(3).
Data subjects have the right to request that their personal data be erased in certain circumstances.
If a merchant receives a request from a buyer to delete their personal data, before forwarding the request to Shopify, the merchant should:
● Verify that the requester is the same as the data subject (that is, the requester is not asking to erase someone else’s personal data)
● Confirm there is no legal reason to preserve this data
If both conditions are satisfied, the merchant should forward the request to Shopify, either through Shopify's support system, or by emailing firstname.lastname@example.org.
After a request is received, Shopify will ensure that the relevant personal data is erased. If erasing it is impossible, Shopify will let the merchant know to what degree it is impossible, and why.
In addition to contacting Shopify, the merchant should also work with any relevant third parties to make sure that they delete or anonymise the personal data.
Personal data cannot be erased from Shopify while it is:
● Associated with a pending order
● Associated with an order made fewer than 180 days before the
request (the usual window in which a buyer can make a chargeback).
If the buyer’s personal data cannot be erased for this reason, the merchant should re-submit the deletion request after the appropriate time has passed.
When processing a request for erasure, Shopify will anonymise the personal data of the buyer, but keep non-personal data such as revenue information and order details. Order details that are retained include the gateway used to process payment, time of sale, amount paid, currency, subtotal, shipping cost, taxes added, shipping method, item quantity, item name, SKU, and payment method.
If no data erasure requests are received, Shopify will keep data for the lifetime of a store, and purge personal data within 90 days after a store is closed.
Controllers must, upon request, explain to data subjects how their personal data is processed and provide access to this personal data.
If merchants cannot export data sufficient to fulfill the request from their admin, they can forward the request to Shopify. Similar to a request for erasure, if a buyer requests access to their personal data, the merchant should first validate the identity of the requester.
The merchant can then reach out to Shopify, either through Shopify's supportsystem,orbyemailingp email@example.com.
When Shopify receives the request, it will:
● Confirm whether personal data about a buyer is being processed
● Confirm what categories of data are being processed by Shopify
● Provide the buyer with the relevant information from Shopify
Controllers who process data using automation must, in limited circumstances, provide data subjects with their personal data upon request. This data must be provided in a commonly used and machine-readable format.
Merchants may export some data directly from their store’s admin page. Many data types can be exported to common formats such as Excel or CSV with one click:
● Transaction histories
● Product lists
● Customer lists
In addition, if a merchant contacts Shopify to request copies of processed data, Shopify will make the data available in a common format.
Data subjects have the right to correct incomplete or inaccurate personal data held or processed by a controller.17
Shopify’s platform allows a merchant to change customer records directly from their store admin.18
17 General Data Protection Regulation, Article 16. 18 However, current orders cannot be modified.
Data subjects have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision making has a legal effect on the data subject or otherwise significantly affects them.19 An example of a legal effect is a decision that impacts an individual’s legal or civil rights, or their rights under a contract. Examples of significant effects include decisions that have a financial impact on individuals, or impact their employment.
Shopify does not currently engage in fully automated decision-making that has a legal or otherwise significant effect using buyer data.
Services that include elements of automated decision-making are highlighted in the table below:
Temporary blacklist of IP addresses associated with repeated failed transactions
Persists for a small number of hours.
Temporary blacklist of credit cards associated with blacklisted IP addresses
Persists for a small number of days.
Data protection and security
Under the GDPR, controllers and processors are required to implement appropriate technical and organisational measures.20
19 General Data Protection Regulation, Article 21.
20 General Data Protection Regulation, Article 25, 32.
Shopify has implemented many of the controls and processes identified in the GDPR, including:
● Anonymising and encrypting personal data
● Ensuring confidentiality, integrity, availability, and resilience of
● Restricting who may access personal data
● Ensuring availability and access to personal data in the event of a
physical or technical incident
● Performing regular testing, assessments, and evaluation of
technical and organisational security measures
Shopify has a robust, cross-functional data protection program that is integrated with its information security program and includes several teams across the organisation. In particular, the data protection program includes a designated Data Protection Officer, who reports to senior management, as well as individuals from:
● Internal Security
● Legal Operations
● Production Security
● Processing Integrity
Technological measures Monitoring and logging
Controllers—and where applicable, their representative—must maintain records of the personal data processing activities for which they are responsible.
Shopify maintains system and application logs relating to events and access to certain systems used for the processing of personal data. These logs are stored on log servers for approximately a month, and then moved to offsite backup locations, where they remain available for at least 12 months.
Shopify encrypts data sent to and from merchants and buyers using the HTTPS protocol.
Shopify also encrypts any sensitive stored information, and salts and hashes merchant and buyer passwords using bcrypt.
Merchants can also set up additional security features. An account holder can take the following actions from their Shopify admin:
● Enable multi-factor authentication for staff
● Define, to a certain extent, what personal data is collected from
● View certain activity logs, including recent login activity by staff
● Set role-based permissions for staff accounts
Security standards and certifications
Shopify and all online stores powered by Shopify are Level 1 PCI-DSS compliant.21
Shopify uses third-party data centers with industry-standard certifications. Examples include:
21 See: h ttps://www.shopify.ca/pci-compliant.
● Tier III
● ISO 27001 ● PCI-DSS
SOC reports for all facilities, which include physical protections, can be provided to merchants on request under an appropriate NDA.
Contractual agreements and data processing addenda
For merchants whose relationship with Shopify is governed by Shopify's online Terms of Service, Shopify has automatically incorporated a Data Processing Addendum, which will apply to its processing of personal data. Just as Shopify is not able to negotiate its Terms of Service, it is not able to negotiate this Data Processing Addendum.
Shopify Plus plans
For Shopify Plus merchants, their negotiated contract will govern their relationship with Shopify. Merchants can sign a Data Processing Addendum to address their needs. Shopify Plus merchants that have not already signed a Data Processing Addendum with Shopify and would like to do so should reach out to their Merchant Success Managers. Shopify Plus merchants that do not sign a Data Processing Addendum will be governed by Shopify’s online Data Processing Addendum (which is incorporated by reference into our online Terms of Service).
Accountability and transparency
Shopify is compiling data for a transparency report, to be released at the end of 2018.
Who can I contact for more information on Shopify’s practices?