Privacy Policy

Klarna

In order to be able to offer you Klarna’s payment options, we will pass to Klarna certain aspects of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you.

General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy policy.

Introduction

This privacy notice (notice) applies to the processing of personal data by The Herbalist Company Limited (referred to as “The Herbalist Company“, “we“, “us” or “our” in this notice).

The Herbalist Company respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you contact us or visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

This privacy notice is provided in a layered format so you can click through to the specific areas set out below.

Important information and who we are
The data we collect about you
How is your personal data collected?
How we use your personal data
Disclosures of your personal data
International transfers
Data security
Data retention
Your legal rights
Cookies
Important information and who we are
Purpose of this privacy notice

This privacy notice aims to give you information on how The Herbalist Company collects and processes your personal data through your use of this website, including any data you may provide when you purchase a product, sign up to our newsletter, take part in a competition, or any other communications you have with us for example when you call or email us or contact us via social media.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Controller

The Herbalist Company Limited is the controller and responsible for your personal data.

If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the [data privacy manager] using the details set out below.

Contact details

Our full details are:

Full name of legal entity: The Herbalist Company Limited

Email address: info.theherbalistcompany@gmail.com

Postal address: 117 High Street, Rochester. Kent

Lodging a complaint

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy notice and your duty to inform us of changes

We will keep this notice updated and keep you informed of any material changes to the way we process your personal data. Future changes will be posted here and, where appropriate, notified to you by email. We encourage you to read about the changes so that you keep up to date.

This version of the notice was last updated on [11 July 2018].

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

We do not include or offer third-party products or services on our website.

Our website does however; include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. This includes information such as your name, email address, telephone number and address. It does not include data where the identity has been removed (anonymous data).

We collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

Identity Data includes first name, last name, username or similar identifier, marital status, title, date of birth and gender.
Contact Data includes billing address, delivery address, email address and telephone numbers.
Financial Data includes bank account and payment card details.
Transaction Data includes details about payments to and from you and other details of products you have purchased from us.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
Usage Data includes information about how you use our website, products and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you include any special categories of personal data when you use our website or contact us, it is your responsibility to make sure you are happy for us to use that personal data in accordance with this notice. You should be aware that this personal data is more sensitive and is more heavily protected by data protection legislation, so you should avoid including this kind of data if possible.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

How is your personal data collected?
We use different methods to collect data from and about you including through:

Direct interactions – You may give us your Identity, Contact, Financial, Profile and Marketing and Communications Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
create an account on our website;
purchase our products;
subscribe to our publications or updates;
request marketing to be sent to you;
enter a competition or promotion;
complete a survey; or
make contact with us through email, telephone, post or through social media regarding a query, feedback or complaint.
Automated technologies or interactions – As you interact with our website, we may automatically collect Usage Data about how you use our website and Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy at Section 10 for further details.
Third parties – We may receive personal data about you from third parties as set out below:
Technical Data from analytics providers such as Google; and
Identity, Contact and Profile Data from social media platforms such as Facebook, Twitter, Instagram and LinkedIn.
How we use your personal data
Under data protection legislation, we are only permitted to use your personal data if we have a legal basis for doing so as set out by data protection legislation. We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

where we need to perform the contract we are about to enter into or have entered into with you;
where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
where we need to comply with a legal or regulatory obligation; or
with your consent (for example, where you have provided your consent in order for us to send you marketing materials), which you have the right to withdraw at any time by contacting us using the contact details above.
Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us using the contact details above if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a new customer

(a) Identity

(b) Contact

Performance of a contract with you.

To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you;

(b) Necessary for our legitimate interests (to recover debts due to us).

To manage our relationship with you which will include:

(a) Responding to your queries;

(b) Notifying you about changes to our terms and conditions or privacy notice.

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with you;

(b) Necessary to comply with a legal obligation;

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products).

To enable you to partake in a prize draw or competition.

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To enable you to complete a survey

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(a) Necessary for our legitimate interests (to study how customers use our products, to develop them and grow our business)

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity

(b) Contact

(c) Technical

Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Technical

(f) Marketing and Communications

Necessary for our legitimate interests (to study how customers use our products, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about goods that may be of interest to you

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

Necessary for our legitimate interests (to develop our products and grow our business)

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We will provide you with a clear choice to opt into receiving marketing materials and communications when you first register an account with us.

We use your Identity, Contact, Technical, Usage, Profile and Marketing and Communications Data to provide you with details of products and offers that may be relevant to you.

You will receive marketing communications from us if you have requested information from us or if you provided us with your details when purchasing products or when contacting us and in each case, you have not opted out of receiving that marketing.

Opting out

You can ask us to stop sending you marketing messages at any time by logging into the website and unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product purchase, warranty registration, product experience or other transactions.

Third-party marketing

We do not sell, trade, or otherwise transfer your personal data to outside parties.

Disclosures of your personal data
We will treat all of your personal data as private and confidential and in accordance with the data protection laws. We may however, need to share your personal data with third parties who provide services to us to enable them to provide their services to us such as IT providers, payment facilitators, delivery services and system administration services.

Where we use third parties to process your personal data on our behalf, we will always carry out checks to ensure that there are appropriate protections for the safeguarding your personal data. We will also monitor the performance of these third parties (and their approved subcontractors) to ensure that your personal data remains secure.

Any third party service provider that we instruct will only process your personal data:

for the same purposes for which we may use your personal data (as set out in this notice);
as is strictly necessary to perform its obligations to us; and
in the ways instructed by us.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

We will not usually disclose your personal data other than as set out above. However, there may be circumstances where we need to share personal data other than as anticipated above. These include:

where we are legally required to disclose the information, for example because a court orders us to do so;
where the disclosure of the personal information is required for the purposes of the prevention and detection of crime. This includes sharing the personal information with tax authorities and law enforcement agencies;
where we need to disclose the personal information for the purpose of or in connection with any legal proceedings, or for the purpose of obtaining legal advice, or the disclosure is otherwise necessary for the purposes of establishing, exercising or defending legal rights;
where disclosure is necessary to protect your vital interests (for example if you are unwell at one of our events, we may need to seek medical assistance); and
to any actual or prospective purchaser of our business assets or organisation.
International transfers
We share your personal data with consultants and contractors who work with us in order to provide our service to you. Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring that our consultants and contractors enter into data transfer agreements which place obligations on them to adequately protect your personal data when it is transferred to non-EU countries.

Other than the above, we do not work with any other third-parties based outside the EEA and we do not store, host or transfer any of your personal data outside of the EEA.

In the event that this changes and we transfer personal data outside of the EEA to other third parties, we will update this notice accordingly and provide further information on the specific mechanisms used by us when transferring your personal data.

Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. We use regular Malware Scanning and your personal data is contained behind secured networks.

Your personal data is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal data. All transactions are processed through a gateway provider and are not stored or processed on our servers.

We have also put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data retention
How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

We will keep your personal data for as long as you have an account with us and generally for a period of [3 years] following closure of your account or following our response to your query. However, where we have a statutory obligation to keep the personal data for a longer period or where we may need to keep your personal data for a longer period in case of a legal claim or dealing with ongoing queries or complaints, then the retention period may be longer.

Your legal rights
You have a number of rights in relation to your personal data. You have the right within certain parameters, to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. 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 data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need 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.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw 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 may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you would like to exercise any of the rights set out above, please contact us using the contact details above.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Cookies
Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.

We honour do not track signals and do not track, plant cookies, or use advertising when a Do Not Track browser mechanism is in place. However, if you do disable cookies there may be parts of our website that you will be unable to access or that will not function properly.

Our cookies help to:

make our website work as you would expect;
remember your settings during and between visits;
improve your and other users’ experiences of our website;
allow you to sign up to marketing and updates if you have requested to do so; and
improve the speed/security of our website.
We use the following cookies:

__atuvc

This cookie is associated with the AddThis social sharing widget which is commonly embedded in websites to enable visitors to share content with a range of networking and sharing platforms. It stores an updated page share count.

The main purpose of this cookie is: Functionality

__atuvs

This cookie is associated with the AddThis social sharing widget which is commonly embedded in websites to enable visitors to share content with a range of networking and sharing platforms. This is believed to be a new cookie from AddThis which is not yet documented, but has been categorised on the assumption it serves a similar purpose to other cookies set by the service.

The main purpose of this cookie is: Functionality

__stid
This cookie is usually associated with the ShareThis social sharing widget placed in a site to enable sharing of content across various social networks. It counts clicks and shares of a page.

The main purpose of this cookie is: Functionality

__unam

This cookie is usually associated with the ShareThis social sharing widget placed in a site to enable sharing of content across various social networks. It counts clicks and shares of a page.

The main purpose of this cookie is: Functionality

__cfduid

Cookie associated with sites using CloudFlare, used to speed up page load times. According to CloudFlare it is used to override any security restrictions based on the IP address the visitor is coming from. It does not contain any user identification information.

The main purpose of this cookie is: Strictly Necessary

_ga

This cookie name is associated with Google Universal Analytics – which is a significant update to Google’s more commonly used analytics service. This cookie is used to distinguish unique users by assigning a randomly generated number as a client identifier. It is included in each page request in a site and used to calculate visitor, session and campaign data for the sites analytics reports. By default it is set to expire after 2 years, although this is customisable by website owners.

The main purpose of this cookie is: Performance

_gat

This cookie name is associated with Google Universal Analytics, according to documentation it is used to throttle the request rate – limiting the collection of data on high traffic sites. It expires after 10 minutes.

The main purpose of this cookie is: Performance

_gid

This cookie name is associated with Google Universal Analytics. This appears to be a new cookie and as of Spring 2017 no information is available from Google. It appears to store and update a unique value for each page visited.

The main purpose of this cookie is: Performance

_vwo_uuid_v2

This cookie name is associated with the product Visual Website Optimiser, by USA based Wingify. The tool helps site owners measure the performance of different versions of web pages. This cookie ensures a visitor always sees the same version of a page and is used to track behaviour to measure the performance of different page versions.

The main purpose of this cookie is: Performance