Privacy Policy

Under the Maracujá Terms of Service, you must be at least 18 years old and not a person barred from receiving services under the laws of the United States or other applicable jurisdictions to use our website. Persons between the age of 13 and 18 should use our website only with the consent and supervision of your parents or guardian.

We do not knowingly collect personally identifiable information from children under the age of 13. If you are under 13, please do not submit personal information to us or use the website.

To provide you with services, including access to our website, we need to collect and process some information about you (your “personal information”). By using our website, you agree that we may do that in the ways described below.

IF YOU DO NOT AGREE TO THESE TERMS FOR ANY REASON, YOU MAY SIMPLY STOP USING THE WEBSITE.

We may amend or change this Privacy Policy from time to time. Changes to the Privacy Policy will be posted to our website.

To provide you with the full Maracujá shopping experience, we collect and retrieve your personal information in a number of different ways. Why we collect your information and what we do with it depends on the type of information. The tables below provide more details.

If you create a Maracujá account or place an order with us, we collect your name and contact details, such as your email address, shipping addresses, and phone number. We also collect your email address if you enter it on our website to join our mailing list.

When you place an order, we require payment information on file. When you enter your payment information (credit card number, expiration date, and CVV code) it is sent directly to a secure third-party credit card processing center. Lulus does not store any direct credit card or 3rd party payment information. We do store billing addresses, generic payment type, and, if you opt in, the last four digits of your credit card for your convenience during the ordering process.

What you’ve said to us — for example, over the phone, on email, or on live chat.

What you’ve bought, what’s in your shopping cart, what’s on your wishlist, and your loves (favorite items you’ve identified by clicking the Maracujá's heart)

We automatically receive and record information from your browser or device when you visit our site, including your IP address and device type (i.e. computer, tablet, or smartphone), cookies, and data about which pages you visit. This information is stored in log files and is collected automatically. If you have an account with us, we may combine this information with other personal information we collect about you.

You may enter some specific details about yourself to help other customers or for personalization towards yourself. We collect body information related to fit measurements and photographs for product representations. You can choose to enter your fit details (height, body type, weight, and measurements) in your profile or as part of leaving product reviews for other customers. There are two ways we might have your photographs: if you post a photo review or if you accepted our request to use your photo from a third-party site (like Instagram). We will never use your photograph without your express permission.

We allow our customers to provide public feedback in the form of reviews about our website and comments on our blog posts. Please remember that any information that you disclose on public portions of the website, such as the reviews and blog comments, are not private and may be viewed (and potentially shared) on the Maracujá website and beyond. Please use caution when deciding to disclose your personal information in the public portions of our website.

We also receive anonymous and aggregated personal information through data analytics services. We use these analytics to ensure our website functions and to improve the Maracujá shopping experience. These analytics services record information such as how often you visit Shopmaracuja.com, what actions you take on our website, aggregated usage, performance data, errors and debugging information, and how you got to our website. We do not link the information from our analytics services to any personal information that you submit to us.

When you access or use our website, we collect, use, and otherwise process your personal information as described in this policy. We rely on a number of legal bases to use your information:

• As necessary to perform a contract with you or to take steps in preparation for a contract with you, including enabling you to make a purchase from us;
• Because you have consented to the processing, such as for receiving marketing messages or third-party data sharing related to advertising;
• As necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims;
• As necessary for the purposes of our or a third party’s legitimate interests;
• As necessary to protect your vital interests, or those of others.

Here are some of our legitimate interests for collecting and processing your personal information:

Detecting and preventing fraud: We have a legitimate interest in detecting and preventing fraud. To do so, it is necessary that we collect and retain information about each transaction made at Maracujá. Our auditors require that we keep this information so they can verify that all transactions recorded by Maracujá were made by real customers. The credit card companies we work with require this information in the event that fraudulent charges are made using your credit card.

Providing access to and improving Shopmaracuja.com: We may use your information to improve and customize our website, including sharing of your information for such purposes, and this is necessary to pursue our legitimate interests of improving our website and our products. This is also necessary to enable us to pursue our legitimate interest in understanding how our website is being used, and to develop and expand our customer base. It is also necessary to allow us to pursue our legitimate interest in improving our website’s functionality and in obtaining insights into what our customers and potential customers want.

Providing access to and improving our customer service: We may use your information to provide you with customer service, and also to improve the service we provide to all customers. This is necessary for us to pursue our legitimate interest in providing great customer service.

Improving our product offerings: We may use your information to improve the products offered at Maracujá, and to inform our buying team so they can provide you and our other customers with a great selection of products. This is necessary for us to pursue our legitimate interest in being your destination for affordable luxury.

Keeping our website and your data secure: We have a legitimate interest in ensuring the security of our website, including enhancing protection of our company and our customers against spam, harassment, intellectual property infringement, crime, and security risks of all kind.

Except as otherwise set forth in this Privacy Policy, we will not provide access to your personal information to third parties for any unauthorized purpose. We never sell or share your contact information to other companies for their direct marketing purposes.

Maracujá works closely with third-party businesses (our “vendors” or “service providers” under the CCPA) for a variety of purposes, including assisting us to perform and improve the Maracujá website, to deliver your orders, and to provide advertising and email services. These vendors include payment processors, research companies, and analytics and security providers. These third parties have only limited access to your information, and may use your information only to perform these tasks on our behalf. We take reasonable steps to require that any such vendor complies with the terms of this Privacy Policy.

It is necessary for us to share your information with some of our vendors in order to complete our contract with you; for example, to allow them to process payments and shipments and to help us keep our website secure. Other vendors help us improve our website and our products; for example, by helping us conduct research into how we could better serve our customers, or reach new customers. We have a legitimate interest in working with these vendors to improve our business. We rely on your consent (which can be withdrawn at any time) to send marketing messages and for third-party sharing relating to advertising.

Maracujá also may share demographic information about our website visitors with vendors, but it will be aggregated and de-personalized, so personal information is not revealed.

Your information will remain subject to the terms of this Privacy Policy even if we undergo a business transition. However, we may transfer your information to a successor person or entity upon an acquisition or other corporate reorganization. You hereby consent to such transfers, and agree that we may assign and transfer all of the rights, benefits, duties, and obligations of this Privacy Policy to a successor person or entity.

We may also disclose your information if we have a good faith belief that we are required to do so by law or if acting with a good faith belief that such disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce this Policy or the Terms; (3) respond to legal claims; (4) respond to your requests for customer service or transaction completion; or (5) protect the rights, property or personal safety of Maracujá, the website’s users or the public. In these cases, our use of your information may be necessary for the purposes of our or a third party’s legitimate interest in keeping our website secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage. Such use may also be necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims. It may also be necessary in the public interest (such as to prevent crime).

Florida lawmakers have introduced companion bills in the Florida House (HB 963) and Senate (SB 1670) that would create limited online privacy rights and obligations in the state. The legislation—which is yet to be named but for our purposes will be referred to as the 2020 Florida Consumer Privacy Act (act)—appears to be very similar to the Nevada Online Privacy Protection Act, which was amended last year to add a right to opt-out of sales of covered information. The act is therefore distinguishable from the California Consumer Privacy Act (CCPA) and more akin to the California Online Privacy Protection Act (CalOPPA).

Much of your information is stored in your Maracujá account profile. You may change or correct the information in your account at any time. Only your first and last name and email address are required to have an account with Maracujá. If you would like to cancel your account entirely, please email us.

Depending on your location, such as the EEA, Canada, California, and Nevada, you may also have certain additional rights with respect to your information, such as:

1. a)data access and portability (including the right to obtain a copy of your personal data, some of which is available through your account profile);
2. b) data correction (including the ability to update your personal data, much of which you can change directly using your account settings);
3. c) data deletion (including the right to have Maracujá delete your personal information, except information we are required by law to retain);
4. d) withdrawal of consent (when we rely on your consent to process your information, such as for our marketing emails); and
5. e) objection to processing (when our processing is based on legitimate interests; this includes, in limited circumstances, the right to ask Maracujá to stop processing your personal data).

Unless you have exercised one of your rights listed above, Maracujá will retain your information for as long as is necessary for our legitimate business purposes. Maracujá will always retain data to the extent necessary to comply with our legal and financial obligations (for example, to satisfy our auditors, to comply with applicable tax/revenue laws, to enforce our agreements, and as otherwise described in this policy).

Without prejudice to any other rights you may have, if you are located in the EEA or Canada, you have the right to lodge a complaint with your local data protection regulator.

When you visit Shopmaracuja.com we insert some instructions on your computer or mobile device. These instructions will be in the form of a “cookie” or similar file. Cookies are small pieces of instruction stored on your hard drive or device, not on our website. Cookies provide us with information that we use to enhance your experience on Shopmaracuja.com. There are two basic types of cookies. One is a session cookie which terminates when the user’s session ends. The second is a persistent cookie, which is a text file that remains stored on your computer for a period of time, generally until you delete them. Your Internet browser contains instructions about how to remove persistent cookies. If you reject all cookies, you may not be able to create or sign in to your account with us or otherwise take full advantage of the Shopmaracuja.com website.

We use cookies to collect information, on an aggregate basis, about how Shopmaracuja.com is used. This information includes the date and time of visits to Shopmaracuja.com and time spent on our website. We also use cookies to learn more about our audience size and usage patterns, to store information about your preferences to allow us to customize our website according to your interests and to provide a more personalized experience, to speed up searches or to recognize you when you return to our website, to identify the pages viewed or searched for, page response times, download errors, length of visits, page interaction information (such as click, scrolling, etc.) or methods used to browse away from a page, but none of our cookies is intended to identify you personally. You can obtain more information about cookies at http://www.allaboutcookies.org/.

We may also use web beacons. A web beacon is an invisible graphic on a web page or email that is programmed to collect non-personally identifiable information about the use of a given website or newsletter, such as whether or not an email is opened and viewed.

Our website integrates technologies of trusted advertising partners (third-party companies) that allow the recognition of your device and the collection of information about your browsing activity in order to provide advertisements about goods and services likely to be of greater interest to you. In particular, these partners collect information about your activity on this website to enable us to show advertisements for our products and/or services to you on third-party websites and apps.

Our partners may use non-cookie technologies on which browser settings that block cookies might have no effect. Your browser may not permit you to block such technologies. For this reason, please keep in mind that you can block the collection and use of information related to you by advertising companies for the purpose of serving interest based advertising by visiting the following platforms of self-regulatory programs of which those companies are members:

• The NAI’s opt-out platform: http://www.networkadvertising.org/choices/
• The EDAA’s opt-out platform http://www.youronlinechoices.com/
• The DAA’s opt-out platform: http://optout.aboutads.info/?c=2&lang=EN

Please note that you will continue to receive generic advertisements.

We also may share data, such as technical identifiers derived from your registration information on our website or our CRM system with our advertising partners. This allows them to link devices or browsers and provide you a seamless experience across the different environments used or likely used by you.

Some of the advertising companies we work with include: Facebook, Pinterest, Youtube, TikTok, and Google Ads. You may read more about our advertising partners’ services and technologies, as well as information about how to exercise your rights with them, in their privacy policies.

Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browser “do not track” signals.

We take commercially reasonable steps to safeguard and deter unauthorized access to your information. Maracujá complies with the Payment Card Industry Data Security Standard (PCI DSS). This means that when we collect or transmit sensitive information such as a credit or debit card number, we use industry standard methods to protect that information.

Although we take reasonable measures to safeguard against unauthorized disclosures of your information, no e-commerce platform, website, electronic database or system is completely secure.

Maracujá is located in the United States, and we primarily store your information in the United States. By using our website and/or providing us with information, you are agreeing to transfer and store your data in the United States.

To our international customers: the privacy laws and standards in the United States, including the level of protection applied to your data and the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. The European Commission has not made a determination that the United States adequately provides safeguards for the transfer of data, and at this time Maracujá has not put in place the exact safeguards set forth in GDPR Article 46. The transfer of your data to the United States is necessary for the performance of our contract with you (so we can process your order) and/or to take pre-contractual measures at your request (i.e. to set up your Maracujá account).

At times, we may transfer your personal information outside of the United States, in which case we take reasonable steps to make sure your personal information continues to be appropriately protected. However, no data transfer system is completely secure.