Privacy Policy

Privacy Policy
Last Updated: June 10, 2025

1. Introduction

At Darker Apparel, we value your privacy and are committed to protecting your personal information. Our goal is to be transparent about what data we collect, how we use it, and how you can control it. This Privacy Policy applies to all customers, website visitors, and individuals who interact with us.

We comply with the Australian Privacy Act 1988 (APPs), General Data Protection Regulation (GDPR - UK & EU), and California Consumer Privacy Act (CCPA).

2. What Personal Information We Collect

We may collect and process the following personal information:

  • Identity & Contact Data: Name, email, phone number, address, and account details.

  • Order & Payment Data: Transaction details, billing and shipping information (processed securely by third-party payment providers).

  • Device & Browsing Data: IP address, browser type, pages viewed, referral links, and cookies.

  • Marketing & Profile Data: Purchase history, wishlist, preferences, and engagement with our emails, SMS, and ads.

  • SMS Marketing Data: When you opt in to SMS marketing, we collect your phone number for the purpose of sending transactional and promotional text messages. This data is used to deliver messages via services like Klaviyo.

  • Social Media Data: Your social media handles, posts you tag us in, and influencer collaborations.

  • Fitness & Event Data: If you participate in our events or competitions, we may collect fitness-related data (e.g., size, activity level) to provide tailored experiences.

3. How We Use Your Information

We use your data for the following purposes:

  • To Fulfill Orders & Provide Services – Processing payments, shipping orders, and managing returns.

  • Marketing & Targeted Advertising – Sending promotional emails and SMS (with consent), and delivering personalized ads via Google, Meta (Facebook, Instagram), TikTok, and Klaviyo.

  • Abandoned Cart Messaging – Our website uses cookies and similar technologies to help track items you add to your shopping cart, including when you abandon your cart. This data may be used to send reminder messages via SMS if you have opted in.

  • Analytics & Personalization – Understanding customer preferences, tracking website performance, and improving user experience.

  • Security & Fraud Prevention – Detecting and preventing fraudulent transactions.

  • Compliance with Legal Obligations – Meeting tax, consumer protection, and data protection regulations.

4. Legal Bases for Processing Data

Depending on your location, we process your data under the following legal bases:

  • Contractual Obligation – To fulfil your purchases and provide services.

  • Legitimate Interest – To enhance customer experience, prevent fraud, and improve our business.

  • Consent – For marketing communications, cookies, and analytics (explicit opt-in required under GDPR).

  • Legal Compliance – To meet regulatory requirements.

5. How We Share Your Information

We do not sell personal information, but we may share it with:

  • Marketing & Advertising Partners (e.g., Klaviyo, Google Ads, Meta Ads, TikTok Ads) for targeted promotions.

  • Analytics & Tracking Providers (e.g., Google Analytics, Meta Pixel) to measure performance and engagement.

  • Payment & Logistics Providers (e.g., Shopify Payments, PayPal, Stripe, shipping carriers) to process orders.

  • Legal Authorities if required for compliance or fraud prevention.

This sharing excludes SMS opt-in data and consent, which will never be shared with third parties.

6. International Data Transfers

As an Australian company selling internationally, we may transfer your data to other countries. We rely on Standard Contractual Clauses (SCCs) and Shopify’s GDPR-compliant infrastructure to ensure data protection across borders.

7. Cookies & Tracking Technologies

We use cookies and similar tracking technologies to:

  • Enhance website functionality and improve user experience.

  • Show personalized advertisements on Google, Meta, and TikTok.

  • Track email and SMS marketing performance via Klaviyo.

  • Identify cart abandonment for SMS reminders (with opt-in).

Manage Cookies: You can control your cookie preferences via your browser settings or by clicking “Preferences” in our website cookies pop-up.

8. Location Tracking

We do not use precise location tracking for SMS marketing purposes. General location (e.g., city or country) may be inferred from your IP address to improve message relevance.

9. Your Rights & Choices

Depending on your location, you may have the right to:

  • Access, correct, or delete your data

  • Opt out of marketing communications (via email unsubscribe or SMS reply “STOP”)

  • Restrict the processing of your data

  • Request data portability (receive a copy of your data)

  • Opt out of targeted ads via Google, Facebook, Instagram, TikTok settings

To exercise these rights, contact us at info@darkerapparel.com.

10. Data Security & Retention

We use secure servers, encryption, and access controls to protect your data. We retain personal information only as long as necessary for legal and business purposes.

11. Children’s Privacy

We do not knowingly collect or solicit personal information from anyone under the age of 16. If you believe a child has provided us data, please contact us immediately.

12. Complaints & Contact

If you have concerns about how we handle your data, contact us at info@darkerapparel.com. You may also lodge a complaint with your local data protection authority.

13. Updates to This Policy

We regularly review and update our Privacy Policy. Any changes will be posted on our website with an updated “Last Updated” date.