Pockella Privacy Policy

Welcome to Pockella, which is operated by Meshy LLC (collectively, “we,” “us,” “our” or “Pockella”). Pockella allows users and customers (“you” and “your”) to create and order custom-made physical products, including 3D-printed figures and keychains, generated from content you upload onto the service, including 3D model files generated through the Meshy platform (the “Service”).

This Privacy Policy (the “Policy”) describes and governs how we collect, use, share and protect (collectively, “process”) personal information collected in the context of our Services. Before you use or submit any information through or in connection with the Services, please carefully review this Policy. We collect, use, and disclose your information as described in this Policy, subject to applicable law and, where required, your consent. To the extent allowed by law, the English version of this Policy is binding and other translations are for convenience only.

If you are in the European Economic Area, the United Kingdom, or Switzerland (“Europe”): for the purposes of the EU General Data Protection Regulation 2016/679 and the EU General Data Protection Regulation 2016/679 as saved into United Kingdom law by virtue of section 3 of the UK's European Union (Withdrawal) Act 2018 (collectively, “GDPR”), you may be referred to as the data subject or as the user, and the data controller is Pockella.

If you are a resident of California: the California Consumer Privacy Act of 2018 and the California Privacy Rights Act of 2020 provides you with additional rights.

This policy applies to the processing of your personal information on the premise that it does not conflict with the laws and regulations applicable to you.

1. Definitions

The following definitions shall apply, unless the context otherwise requires:

“We”, “us” or “our” in this Policy refers to Pockella and its subsidiaries, affiliates, agents, and service providers.

“Cookies” are small text files that are placed on your computer, mobile device or any other device by a website, when you interact with certain websites and services. Similar technologies include web beacons, pixels, and embedded scripts. This Policy uses the term “Cookies” to encompass these technologies that help automatically collect certain information. Please refer to Pockella’s Cookie Policy for more information.

“Personal Information” (or personal data) is any information that relates to an identified or identifiable individual.

For the purposes of GDPR, Personal Information means any information relating to you such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.

For the purposes of the CPRA, Personal Information means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with you.

“Website” refers to Pockella shop website, accessible at https://www.pockella.com/.

“Sell” refers to any disclosures of personal information by a business to another business or third party for money or other valuable consideration.

“Service Provider” means any natural or legal person who processes the data on behalf of Pockella. It refers to third-party companies or individuals employed by us to facilitate the Service, to provide the Service on our behalf, to perform services related to the Service, or to assist us in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.

“Usage Data” refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

2. Information We Collect

As further described below, we collect information when you use or otherwise access the Services, including when you provide information directly to us and when we passively collect information from your browser or device (e.g., by logging how you interact with our Services).

2.1. Information you Provide to Us

A. Registration Information

When you open an account, we may collect your name, email address, username, and any information you choose to provide us (such as a profile picture). If you are in Europe, we process the information on the basis of entering into and performing our contract with you (Art. 6 para. 1 subpara. 1 b) GDPR).

B. Purchase Information

When you choose to place an order and purchase an item through the Website, we may collect: (i) personal information related to your order, such as your order number, the date and time of your order, the product you purchase, and your shipping and delivery information; (ii) order, payment, and transaction information processed by our manufacturing, payment, and order fulfillment Service Providers on our behalf. If you are in Europe, we process this information on the basis of entering into and performing our contract with you (Art. 6 para. 1 subpara. 1(b) GDPR).

C. Content you Provide through our Services

We collect and securely store content that you upload, submit, or otherwise provide through the Services, such as images, designs, text, artwork, 3D files, or other materials that you provide to create a design or an item, as well as ratings, reviews, images, or other comments that you submit about the items (collectively, “Content”). This Content includes any personal information about you or others that you may choose to include, including names, images, likeness, or other information associated with your Content. Such Content also includes files and links you may upload to the Services, including any designs that may be generated from the Content that you submit. For any Personal Information that you choose to include in the Content, you acknowledge and represent that you are authorized by relevant data subject and have received any rights, consents, or permissions necessary to provide such Personal Information to us and for us to process it as described in this Policy.

D. Communications to Us

You may contact us via email or by other means (for example, with questions about our Services, for customer support, or to let us know your ideas for new products or modifications to existing products). You may also choose to respond to surveys or queries that we send out. When you do so, we collect the information you choose to provide us, such as your contact details, any images you choose to upload and the contents and nature of your message. To keep your personal information safe, we kindly request that you avoid sending any financial or sensitive data through our chat services or other channels, unless we specifically ask for it to provide you with our services. If you do choose to share this information with us directly, please know that we will process it with care and in accordance with this Policy.

E. Third-Party Communications

If you use any feature of the Services that allows you to communicate with third parties (such as to refer a third party to the Services or to communicate with them regarding our Services), either by submitting data about the third party (“Third-Party Data”) to the Services or otherwise permitting the Services to automatically access Third-Party Data in your possession, you acknowledge and agree that you have the authority of the relevant third party for us to access and use the relevant Third-Party Data and that you have notified these third parties and informed them how their information is collected and used by Pockella to provide the Services. We reserve the right to identify you as the person who has made the referral in any messages that are sent to them. We use Third-Party Data to (a) contact such third party using the Third-Party Data provided, and/or (b) provide you with an editable template message designed to facilitate communications between you and such third party through the Services. In addition to sending the foregoing communications, we may also send reminders or related messages to you and to third parties on your behalf from time to time where permitted by applicable law. In each case, any such communication sent to third parties using Third-Party Data will provide a means to “opt out” of receiving further communication of the same nature.

2.2. Automatically Collected Information

When you interact with the Services, we automatically receive and store certain information about your use of the Services and the device you use to access them using a variety of commonly-used technologies such as tracking pixels, JavaScript, and Cookies. This information may include your IP address, browser type and settings, device information, session information, information about how you interact with the Service, diagnostic information, and geolocation information. We collect this information to operate and maintain the Services, understand how the Services are used, troubleshoot technical issues, provide customer support, and to help protect the security of the Services.

If you are in Europe, we process this information on the basis of our legitimate interests to enable our business and where those interests are not overridden by your data protection rights (Art. 6 para. 1 subpara. 1(f) GDPR).

3. How we Use Collected Information

We use the information we collected through the Services for the following purposes:

3.1. Provision of Services

We use the information we collect to operate, maintain, and provide you with the Service in accordance with this Policy and the Terms of Use. This may include using Content and other information you provide to generate designs, previews, 3D models, and other files used to create your item, and to process and fulfill your order, including facilitating the manufacture, shipment, and delivery of your item. We may also use information to restrict attempts to use the Services from restricted territories and to prevent or address use of the Service in violation of the Terms of Use.

3.2. Marketing and Promotion

When you choose to participate in our promoting activities or subscribe for marketing communications, we may collect your contact information such as e-mail address or other electronic addresses that you voluntarily provide to us. You can opt out from receiving such marketing messages at any time by unsubscribing or following the instructions contained within such messages when you no longer wish to receive these marketing messages. We also use information to measure the effectiveness of our online advertising and to attribute visits and purchases to our advertisements, as described in Section 4.7 and subject to your advertising preferences and applicable law.

3.3. Analytics and Improvement of Our Services

We use information to manage, develop, improve and maintain the Service (including responding and dealing with enquiries, providing maintenance and support and preparing for data backup). We use the information we collect to analyse data usage trends and preferences in order to improve the accuracy, effectiveness, security, usability or popularity of our Services.

3.4 Maintain the safety, security, and quality of the Services

We use information we collect to protect the security and integrity of the Services, including to detect, prevent, and address illegal activity or misuse of the Services.

3.5. Aggregated Data

We may aggregate and/or de-identify information we collect so that it can no longer reasonably be used to identify you. We may use and disclose such aggregated or de-identified information for purposes like analyzing the use of the Service, improving and developing our products and services, and conducting research, subject to applicable law.

4. Sharing Collected Information

We may disclose the information we collect through the Services to third parties in the circumstances described below.

4.1. Third Party Service Providers

We may disclose collected information to third party service providers that perform services on our behalf to help us provide the Service. These providers may include the providers of certain AI models and related technologies used to generate designs and 3D files used to create and manufacture your custom item, providers that facilitate ordering and payment processing, and providers of hosting, analytics, security, and other business related services. We disclose information to these providers as necessary for them to perform services for us or on our behalf, subject to applicable law.

We may also disclose your Content and order information to third party service providers involved in the manufacturing, fulfillment, and shipment of the physical items you order through the Service. For example, we may provide these parties with your designs, 3D models, and other files necessary to manufacture the physical product you order, as well as order, shipping, and delivery information necessary to fulfill and deliver your order. To facilitate this fulfillment process, certain designs or related files may be made accessible to these service providers through links that permit access to those in possession of the applicable link.

4.2. Government Authorities/ Law Enforcement Officials

Personal data may be also shared with government authorities and/or law enforcement officials if required for the purposes above, if mandated by law or if required for the legal protection of our legitimate interests in compliance with applicable laws.

4.3. Potential Buyers and Advisers

In the event of a corporate sale, merger, reorganization, dissolution, similar event, or steps taken in anticipation of such events (e.g., due diligence in a transaction), your personal data may (subject to the applicable laws) be shared with our advisers and any prospective purchaser’s adviser and will be passed to the new owners of the business.

4.4. Third Parties Services You Choose to Use or Access

The Services may allow you to access, connect with, or interact with services provided by third parties. If you choose to interact with such third party services, their use of your personal information and your use of their features are governed by the privacy notices of those companies. We encourage you to carefully read their privacy notices.

4.5. Your Consent

We may share your information for other purposes if (i) you direct us to do so or (ii) you consent to such sharing.

4.6. Other Users of Our Services

Certain features of the Service may allow you to submit information that is displayed publicly. For example, if you submit a review, your review and certain information associated with it, such as your name, username, and profile image, may be visible to other users of the Service.

4.7. Advertising Partners

Subject to your advertising preferences and applicable law, we disclose information to the advertising partners identified in our Cookie Policy to measure the effectiveness of our online advertising and to attribute visits and purchases to our advertisements.

This information includes browsing, add-to-cart, checkout and purchase events, cookie identifiers, IP addresses, browser information, order value and purchased products. We also disclose your order-related email address, telephone number, billing name and billing address, which are hashed before transmission.

These activities involve browser-based tracking and server-to-server disclosures. You may control these activities through the “Advertising” option in Cookie settings, as further described in our Cookie Policy.

5. How we Handle Children’s Personal Information

The Service is not directed to children (refers to children under age of 16, or age as may be required by the laws of your country of residence to validly consent to the processing of personal data) and we do not knowingly collect personal data from children. If we discover that a child has provided us with personal data, we will promptly delete such personal data from our systems. Children may not submit any personal data to us without permission from their parents or guardians. If you have reason to believe that a child has provided personal information to us through the Services, please contact us at support@pockella.com, and we will delete that information from our databases to the extent required by law.

6. Security

We are committed to keeping your personal data safe and maintain technical and organizational measures designed to protect it against loss, misuse, unauthorized access, disclosure, alteration, and destruction. However, no method of transmission over the internet or method of electronic storage is completely secure, and we cannot guarantee the absolute security of your personal data. Our security measures include access controls, encryption and other safeguards appropriate to the nature of the information and the circumstances in which it is processed. We also limit access to personal data to those personnel and Service Providers who require access for the purposes stated above and for legitimate business purposes.

7. Retention and Transfers

We retain your information for as long as necessary for the purpose for which that information was collected and for our legitimate business operations; provided, however, that your information is only retained to the extent permitted or required by applicable laws. For certain categories of information, retention periods may be governed by user-configured retention settings and may vary depending on the Services used and your account type. When we no longer need to retain your information, we will take reasonable steps to remove it from our systems and records and/or take steps to anonymize it so that you can no longer be identified from it in accordance with our internal document retention policies.

When determining the retention period for your information, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, possible re-enrolment with our products or services, the impact on the Services we provide to you if we delete some information about you, mandatory retention periods provided by law and the statute of limitations.

Personal information is processed at Pockella’s operating offices and in any other places where the parties involved in processing are located, which may have data protection laws that are different from the laws where you live. We endeavour to safeguard your information consistently with the requirements of applicable laws. If you are in EEA, please refer to “Supplemental Terms and Conditions for Certain Regions” to learn more about the cross-border data transfer terms that apply to you.

8. Your Rights

You have certain rights regarding your personal data, subject to the applicable law. These include the following rights to:

Access your Personal Data: You have the right to ask us to confirm whether we are processing your personal data, and, where that is the case, access to the personal data and receive information on how your data is processed as well as ask us to provide a copy of your personal data.

Rectify Your Personal Data: This enables you to have any incorrect, incomplete or inaccurate data we hold about you corrected.

Erase Your Personal Data: This enables you to ask us to delete your personal data when, for example, the data we hold on you is no longer needed or when your data has been processed unlawfully.

Object to Processing: You have the right to object to the processing of your personal data and request us to cease processing of it if, for example, this data is being processed for the purpose of direct marketing or where we are relying on a legitimate interest (or those of a third party). In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Restrict the Processing: This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the accuracy of the personal data; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you require us to hold the data even if we no longer need it as you require it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Receive your Personal Data in a Usable Electronic Format and Transmit it to a Third Party (Right to Data Portability): If we are processing your personal data on the basis of your consent or a contract, you can ask to receive your personal data in a structured, commonly used and machine-readable format and to transmit those data to another controller without any hindrance from us.

Withdraw Consent: You have the right to withdraw your consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we will not process that personal data further but may not be able to continue providing certain products or services to you for which the personal data was sought. We will advise you if this is the case at the time you withdraw your consent.

Request not to be Subject to a Decision Based Solely on Automated Processing, including profiling, which produces legal effect concerning you or similarly significantly affects you.

Lodge a Complaint with Your Local Data Protection Authority: You have the right to submit your request and complain at any time to your local supervisory authority in particular in the Member State of your habitual residence, place of work or of an alleged infringement of the GDPR. We would, however, appreciate the chance to deal with your concerns before you approach the data protection authority, so please contact us in the first instance.

These rights may be limited in some situations – for example, where we can demonstrate that we have a legal requirement to process your data (such as where tax authorities require us to retain it) or where it is needed for the proper performance of a contract. In some instances, this may mean that we are able to retain data even if you withdraw your consent. If you wish to exercise any of the rights set out above, please contact us at the details in “How to Contact Us” below. You may also update your personal information as provided in your account settings.

9. Supplemental Terms and Conditions for Certain Regions

9.1 Privacy Information for California Residents

9.1.1 Categories of Information Collected and Disclosed

If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA), and we provide the following additional information about the purposes for which we use each category of personal information we collect (as defined by the CCPA), and the categories of third parties to which we disclose personal information for a business purpose.

For more information about each category of personal information, purpose of use, and third parties to which we disclose personal information, please see the “Information We Collect”, “How we Use Collected Information” and “Sharing Collected Information” in this Policy.

9.1.2 Your Choices Regarding Cookies and Related Activities

Your contact information (such as email) or internet network and device information (such as cookie data and IP address) may be disclosed to analytics partners in connection with our use of analytics cookies and similar technologies, as further described in our Cookie Policy. You may change your optional cookie preferences or withdraw your consent at any time through the cookie settings accessible in the footer of any page of the Site, with immediate effect. We honor Global Privacy Control signals as valid opt-out requests. We disclose information to advertising partners as described in Section 4.7. You may opt out of these disclosures, including any “sale” or “sharing” of Personal Information as defined under the CCPA, by disabling the “Advertising” option in Cookie settings.

9.1.3 Other CPRA Rights

The CPRA also allows you to limit the use or disclosure of your sensitive personal information (as defined in the CPRA) if your sensitive personal information is used for certain purposes. Please note that we do not use or disclose sensitive personal information other than for business purposes for which you cannot opt out under the CPRA. Please see the “Your Rights” section of this Policy above for information about the additional rights you have with respect to your personal information under California law and how to exercise them.

9.1.4 Retention of Your Personal Information

Please see Section 7 (Retention and Transfers) of this Policy.

9.1.5 California “Shine the Light” Disclosure

The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the disclosure of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes, or in the alternative, that we provide a cost-free means for consumers to opt out of any such disclosure. We do not currently disclose your personal information to third parties for their own direct marketing purposes.

9.2 Privacy Information for Residents in Europe

9.2.1 Legal basis for processing

If you are in Europe, we process the personal information on the basis of entering into and performing our contract with you (Art. 6 para. 1 subpara. 1 b) GDPR), we outline the legal bases on which we rely for the relevant purposes below. For the advertising tracking and related disclosures described in Section 4.7, including the related use of purchase information and automatically collected information, we rely on your consent (Art. 6(1)(a) GDPR). The references to contractual necessity and legitimate interests elsewhere in this Policy do not apply to these advertising activities.

Necessary for entering into and performing our contract with you: registering for our Services, purchasing services, providing content through our Services, communications to us, and Third-Party communications.

Based on our legitimate interest: marketing and promotion, analytics and improvement of our Services and platform, interacting with us, and Third-Party communications.

9.2.2 How Your Information Will be Transferred Globally

For users located in the European Economic Area, we may transfer personal data to our affiliates, suppliers, law enforcement agencies or other organizations, including the organizations that are located outside Europe for the purposes described in the Policy.

The laws of some jurisdictions outside Europe may not be as protective as data protection laws in Europe. If your personal data is transferred to a country that is not subject to an adequacy decision by the EU Commission, we will ensure that, for such jurisdictions, appropriate safeguards (e.g., EU standard contractual clauses, or a third party’s Binding Corporate Rules) are implemented to ensure an adequate level of protection of your personal data.

Our EU Representative:

Our UK Representative:

9.3 Privacy Information for Residents in PRC

At present, certain aspects of our Service may be accessed by users located in Mainland China through our website. To the extent we process personal information of such users, we do so in accordance with this Policy and applicable laws and regulations of the People's Republic of China. Certain features or service channels may not be available in all jurisdictions. The availability of specific services may vary depending on the user’s location and applicable legal requirements.

9.3.1 How Your Information Will be Stored

As a company operates around the globe, your personal information would be stored overseas in the US. You could find the details of your personal information’s recipient at the table below:

9.3.2 How Your Information Will be Transferred Globally

For users located in the PRC, we may transfer personal information to our affiliates, suppliers, law enforcement agencies or other organizations, for the purposes described in “How we Use Collected Information” of the Policy. Please note that your personal information might be further shared with other service suppliers, including marketing, advertising, security services, etc., as specified in the “Sharing Collected Information” of the Policy.

We would only transfer your personal information in accordance with the applicable laws and regulations and will take necessary organizational and technical measures to protect your personal data. For more information, or if you wish to exercise your right as a data subject, please email at support@pockella.com.

9.3.3 Your Rights

For users located in the PRC, apart from “Your Rights” section of this Policy, you are also entitled to deregister your account, and the right to ask us to explain how your personal information is processed. To exercise such rights, please contact us at the details in Section “How to Contact Us” below. We will respond to your data subject request within 15 business days.

10. Updates to this Policy

We reserve the right to update or modify this Policy at any time and from time to time. In the event we do so, we will update the date at the top of its first page accordingly and encourage you to check for changes that we have made. Where changes to the Policy will have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, we will actively advise you of such changes and will give you sufficient advance notice by notifying you by email or by a pop-up banner on our Service as required by applicable law so that you have the opportunity to exercise your rights. If you disagree with our revisions to the Policy, you can deactivate your account or discontinue the use of our Services. Please review this Policy periodically for any updates or changes to this Policy.

11. How to Contact Us

If you have any questions about this Policy or the information practices of the Services, please contact us at the following email address: support@pockella.com.