Milton & King recognises the importance of safeguarding your information. This Privacy Statement therefore sets out how we use your information and the steps we take to ensure your privacy remains protected.
Milton & King offers Australian-made, wallpaper and fabric products sold online and through a number of global retailers. Our company is registered as Milton & King Inc. trading as Milton & King, 900 Dragon Street, Dallas TX, 75207, USA.
This Privacy Statement applies to personal information from individuals in the European Union (under GDPR regulation) and all other global customers collected, processed, disclosed and stored (collectively “used”) by Milton & King.
If you have any queries or requests regarding this Statement or our use of your personal information, do not hesitate to contact us using the details set out below.
As you interact with us, we will collect your information in several ways. Often you will provide this information directly to us, but in other cases it might be collected automatically through technical means such as Cookies.
If you contact us through our website, by email, by social media or purchase items from our store, we will collect the following information in order to provide the contract to you and respond to any queries:
We collect the following information about you automatically, through technical means such as Cookies, when you browse our store:
See section 7 below for more details.
We will use the information we collect about you in a variety of ways. For example, we will use it to fulfil your orders, to analyse and improve how our business and websites work, and, where we have your consent, to provide you marketing updates. We will never sell your information to any third party, and we only use your information when we have a lawful basis for doing so.
To fulfil our obligations to you or enable us to enter a contract:
Where we have your consent:
Where we have a legal obligation to do so:
Where we have a legitimate interest in using your information (and this information is not overridden by your own rights as an individual:
You can find out more about how Milton & King’s interests are balanced with your own rights and interests by getting in contact with us using the details set out below.
We will share the information we collect about you with our service providers to the extent necessary for purposes outlined above. We may disclose your personal information if required to do so by law or if you violate our Terms of Service.
Sharing your information with other third parties:
Where Milton & King uses third party service providers, we may disclose to them your personal information – but they will only use your information to the extent necessary to allow them to perform the services on our behalf.
Milton & King will share your information with the following categories of service providers:
Other circumstances in which we may share your information:
Milton & King takes steps to ensure that the third parties we engage to provide services to us on our behalf use your data in accordance with this Statement.
Such third parties may be located outside the European Economic Area (“EEA”) and to the extent that this is the case, the following Section 5 will apply.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Statement or our website’s Terms of Service. When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Milton & King may transfer your information outside the EEA, to locations in which data protection standards are less strict. When doing this, we will take steps to ensure that your information remains protected in line with this Statement.
The internet is a global environment and in practice it is not at all unusual for information to be transferred internationally – for example if the servers used to host your information are located abroad. If we transfer personal information outside the EEA (for example to our parent company in Australia) we will adhere to certain safeguards approved under data protection laws. If you wish to find out more or to obtain a copy of the safeguards put in place to protect your privacy, please contact us using the details set out below.
To protect your personal information, we take put in place appropriate technological and organisational measures and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
We do use cookies and similar technologies on our site. Details can be found in our Cookie Policy.
Our site is not directed at those under the age of 16 and customers must have credit or debit cards to make purchases.
We do not undertake an automated decision making.
Milton & King will keep your information only for as long as is reasonably necessary for the purposes set out in this Statement and to fulfil our legal obligations. Where you are a customer this is usually at least for as long as you remain a customer, to be able meet our legal and contractual obligations to you, and if necessary, to resolve any disputes.
We only retain your information for as long as is necessary for us to use your information as described above or to comply with our legal obligations. However, please be advised that we may retain some of your information after you cease to use our services, for instance if this is necessary to meet our legal obligations, such as retaining the information for tax and accounting purposes.
When determining the relevant retention periods, we will take into account factors including:
Otherwise, we securely erase your information once this is no longer needed.
For further information on how long your information shall be retained by Milton & King, please get in touch with us using the details set out below.
Subject to certain conditions, you will, by law, be able to exercise certain rights in respect of your information. Further information about your rights can be obtained from your national data protection authority. You can exercise these rights by contacting us using the details set out below. In almost all circumstances these rights will be free to exercise, although if requests are made on a repeated or manifestly unfounded basis we may charge a reasonable administrative fee.
The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we’re providing you with the information in this Statement.
The right of access. You have the right to obtain access to your information (if we’re processing it), and certain other information (similar to that provided in this Statement).
The right to rectification. You are entitled to have your information corrected if it is inaccurate or incomplete. You can request that we rectify any errors in information that we hold by getting in contact with us.
The right to erasure. This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of your information that we hold.
The right to object to processing. You have the right to object to certain types of processing, and you can exercise this right by contacting us using the details set out below.
The right to restrict processing. You have right to ‘block’ or supress further use of your information. When processing is restricted, we can still store your information, but will not use it further.
The right to data portability. You have rights to obtain and reuse your information for your own purposes across different services. If this right is applicable, we will provide you with an accessible copy of your information so that you can use a similar service elsewhere.
The right to lodge a complaint. You have the right to lodge a complaint about the way we handle or process your information with your national data protection regulator.
The right to withdraw consent. If we rely on your consent as our lawful basis for processing your information, you may withdraw your consent at any time. However, doing so will not make unlawful the actions we have taken with your personal data while we had your active consent. You can withdraw your consent to the processing of your information at any time by contacting us using the contact details set out below.
Milton & king Inc (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at [email protected]. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Austin, Texas before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Milton & king Ins’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
If you would like to exercise Your Rights, register a complaint, or simply want more information about this Privacy Statement or how we use your data, please get in touch with us using the details below.
You can email our Privacy Compliance Officer at;
Or you can get in contact by mail at:
Milton & King
[Re: Privacy Compliance Officer]
900 Dragon Street, Dallas TX, 75207, USA
We reserve the right to modify this privacy policy and will post any changes on our site.
If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
This privacy policy was last updated on: 30/07/20
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