Welcome to Herba Nutrition Shop and our website and shop at www.herbanutritionshop.co.za. For your current and any further visits to our website and use of our shop (collectively “website”), we would like to inform you about data collection, processing and use when visiting and using our service.
This Privacy Policy describes our privacy practices in plain language, keeping legal and technical jargon to a minimum, to make sure you understand the information provided. However, to achieve this objective we would like to explain you the following two concepts.
What is Personal Data?
Personal data is any information that relates to an identified or identifiable living individual. Different pieces of information, which collected together can lead to the identification of a particular person, also constitute personal data.
What is Processing?
“Processing” means and covers virtually any handling of data.
What law applies?
In principle, we will only use your Personal Data in accordance with the applicable data protection laws, in particular Ireland`s Data Protection Act 2018 (“DPA”), the EU’s General Data Protection Regulation (“GDPR”), and only as described in this Privacy Policy.
The Person responsible (“Data Controller”)
The person responsible for the processing of Personal Data is Herba Nutrition Shop, Lee Hookins, Sole Trader of 42 Coniston Close DA1 2TY (“Herba Nutrition Shop”, “we”, “us”, or “our”).
If you have any questions about this policy or our data protection practices, please feel free to contact us using info@herbanutritionshop.com.
Purpose and legal basis of processing
In accordance with the DPA and the GDPR we need to have both a purpose and a legal basis to process Personal Data. The purposes are:
- providing the website and shop and their functions and contents,
- responding to contact requests and communicating with our customers,
- providing our services, and
- security measures.
Of course we can only do that if we have at least one of the following legal bases or in other words lawful reasons to do so. Unless specifically described below, we typically link the above purposes to one of the following:
- consent,
- to fulfil our services and carry out contractual obligations,
- to fulfil our legal obligations, and
- to protect our legitimate interests.
General Principles
- Security
Our website uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact requests that you send to us.
You can recognise an encrypted connection if the address line of your browser contains a “https://” instead of a “http://” and also has a lock symbol. If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.
We have also implemented numerous security measures (“technical and organisational measures”) for example encryption or need to know access, to ensure the most complete protection of Personal Data processed through this website.
Nevertheless, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. And databases or data sets that include Personal Data may be breached inadvertently or through wrongful intrusion.
Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised as expeditiously as possible after which the breach was discovered.
- Retention and Storage
We retain your Personal Data as necessary in connection with the purposes described in this Privacy Policy, and in accordance with Ireland’s Statutory Retention Periods and other applicable laws for up to 6 years.
- Minors
Persons under the age of 18 should not transmit any Personal Data to us without the consent of their parents or legal guardians. We do not request Personal Data from minors and children and do not knowingly collect such data or pass it on to third parties.
- Automated decision-making
Automated decision-making is the process of making a decision by automated means without any human involvement. Automated decision-making including profiling does not take place.
- Do Not Sell
We do not sell your Personal Data.
- Special Category Data
Unless specifically required and consent is obtained, for a particular service, we do not process data that is revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data.
- Social Media
We are present on social media on the basis of our legitimate interest. If you contact or connect with us via social media platforms, we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The legal basis is our legitimate interest, your consent or, in some cases, the initiation of a contractual service, if any.
- International Transfer
In the course of our website operation, we process data. We usually do not transfer Personal Data to countries outside Ireland and the EEA. However, if we do, we ensure that processing of your Personal Data is governed by Processing Agreements that include Standard Contractual Clauses to ensure a high level of data protection.
- Sharing and Disclosure
We will not disclose or otherwise distribute your Personal Data to third parties unless this is a) necessary for the performance of our services and to deliver your order, b) you have consented to the disclosure, c) or if we are legally obliged to do so e.g., by court order or if this is necessary to support criminal or legal investigations or other legal investigations or other legal proceedings; as required by law or regulation; if Herba Nutrition Shop (or a part of Herba Nutrition Shop ) is sold to or merged with another company; or proceedings at home or abroad or to fulfil our legitimate interests.
Processing of Personal Data by us
- Log files
Each time a user accesses our website and each time a file is retrieved, data about this process is temporarily processed in a log file. In detail, the following data is stored for each access/retrieval: a) Date and time of the retrieval (time stamp), as well as the IP address of the accessing device or server, b) request details and destination address (protocol version, HTTP method, referrer, User Agent string), c) name of the retrieved file and transferred data volume (requested URL incl. query string, size in bytes) and d) Message as to whether the retrieval was successful (HTTP status code).
On the basis of our legitimate interest in a secure website, we store this data to protect against attacks for up to 7 days beyond the time of your visit. This data is analysed and required for legal and criminal prosecution in the event of attacks on communications technology. The data is deleted as soon as it is no longer required for the performance of tasks.
- Cookies
We use so-called cookies on our web site. Cookies are small text files that are stored on your device (PC, smartphone, tablet, etc.) and saved by your browser. The legal basis for the use of cookies is your consent as well as our legitimate interest. For further information on the cookies we use, please refer to our Cookie Policy.
- Hosting
To provide our website, we use the services of wpengine who process all data to be processed in connection with the operation of our website on our behalf. The legal basis for the data processing is our legitimate interest in providing our website.
- Provision of the Shop
We use the shop system of WooCommerce by Automattic Inc. All data collected in our shop is processed on Automattic`s global servers. The legal basis for the data processing is our legitimate interest in providing our shop.
- Content Management System (CMS)
We also use the Content Management System (CMS) of WordPress, a service provided by Automattic Inc, to publish and maintain the created and edited Content and texts on our website and to provide the forms used. This means that all content and texts submitted to us by users for publication is transferred to WordPress. In addition to texts, this also includes, for example your data in our forms. The legal basis for this processing is our legitimate interest.
- Content Delivery Network
We also use a Content Delivery Network (CDN) to distribute our online content. A CDN is a network of regionally distributed servers of our technical service providers connected via the Internet. When our website is visited, your device`s browser transmits information to these service providers, which is collected in corresponding server log files. Server log files are generally anonymized and then transmitted without any personal reference. Server log files include, in particular, a) details of the browser and operating system used, b) the previously visited pages (so-called referral URL), c) the IP address of the device used, d) the name of the Internet provider, as well as e) the date, time of all page views including the amount of data transmitted. The legal basis for the data processing is our legitimate interest in providing our website and website.
- Third-party services and content
We use content or service offers of third-party providers in order to integrate their content and services. This always requires that the third-party providers of this content are amongst other data aware of the IP address of the user. The following provides an overview of third-party providers and their content, together with links to their privacy policies, which contain further information on the processing of data and so-called opt-out measures, if any,
- Analytics:
- Google Analytics by Google LLC,
- Hotjar by Hotjar LTD
- Clarity by Microsoft
- Fonts: Google Fonts by Google LLC
- Contacting us
Personal Data is processed depending on the contact method. In addition to your name and email address, IP address or telephone number, we usually collect the context of your message which may also include certain Personal Data. The Personal Data collected when contacting us is to handle your request and the legal basis is your consent.
We are present on social media (currently Instagram). If you contact or connect with us via social media platforms, we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The legal basis is our legitimate interest, your consent or, in some cases, the initiation of a contract.
- Order processing
We process your first name, last name, e-mail address, shipping and billing address, if different, and the data related to your contract with us data to handle the contractual relationship between you and us. Where any Personal Data relates to a third party, you represent and warrant that the Personal Data is up-to-date, complete, and accurate and that you have obtained the third party’s prior consent for our collection, use and disclosure of their Personal Data for the Purposes.
It is also possible for you to register for an account. For this purpose, you can choose a password together with your email address, both of which will enable you to log in more easily without having to enter your data again when you make a future purchase. We store the data you enter to set up a customer account through which your orders are recorded, executed, and processed. We will hold your data for further orders as long as you have your account with us. The legal basis for the data processing is our contract and the fulfilment of our legal obligations.
- Payment Data
If you make a purchase your payment will be processed via the payment gateway service of WooCommerce by Automattic Inc and the payment provider Stripe Inc. Payment data will solely be processed through WooCommerce and Stripe and we have no access to any Payment Data you may submit. The legal basis for the provision of a payment system is the establishment and implementation of the user contract for the use of the service.
- Newsletter
If you have subscribed to our newsletter, we will use your email address and, if applicable, your name to send you information about products, promotions, competitions, and news, as well as for customer satisfaction surveys. You will find the unsubscribe link at the end of each newsletter. To send our newsletter we use the WordPress Plugin Mailpoet from Automattic Inc. The legal basis is your consent.
- Service Reviews
We use the rating functions of Trustpilot to constantly improve our service, we offer our customers the opportunity to rate us via an independent portal, without us being able to influence this in any way. For this purpose, some data is transmitted to Trustpilot. The integration is based on our legitimate interest, and we have no influence or control over the data collected and processed by Trustpilot.
- Economic analyses and market research
For business reasons, we analyse the data we have on business transactions, contracts, enquiries,browsing behaviour etc., whereby the group of persons concerned may include contractual partners, interested parties, and users of our services.
The analyses are carried out for the purpose of business evaluations and market research. The analyses serve us alone and are not disclosed externally and processed using anonymous analyses with summarised and or anonymized values. Furthermore, we take the privacy of users into consideration and process the data for analysis purposes as pseudonymously as possible and, if feasible, anonymously (e.g., as summarised data).
- Marketing
Insofar as you have also given us your consent to process your Personal Data for marketing and advertising purposes, We are entitled to contact you for these purposes via the communication channels you have given your consent to.
Your Rights and Privileges
- Privacy rights
Under the DPA and GDPR, you can exercise the following rights:
- The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.
- The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request us to complete the information you believe is incomplete.
- The right to erasure – You have the right to request that we erase your personal data, under certain conditions.
- The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
- The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.
- The right to data portability – You have the right to request that we transfer the data that we have collected to another organisation, or directly to you, under certain conditions.
If you have any questions, please contact us.
- Updating your information
If you believe that the information we hold about you is inaccurate or request its rectification, deletion, or object to its processing, please do so by contacting us.
- Withdrawing your consent
You can withdraw consents you have given at any time by contacting us.
- Access Request
In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.
- Complaint to a supervisory authority
You have the right to complain about our processing of Personal Data to a supervisory authority responsible for data protection. The supervisory authority in Ireland is: The Data Protection Commission (DPC) who is located at 21 Fitzwilliam Square South, Dublin 2, D02 RD28, Ireland www.dataprotection.ie.
Changes and Questions
We may update this Privacy Policy from time to time. If we make changes to this Privacy Policy or materially change our use of your Personal Data, we will revise this Privacy Policy accordingly and also change the effective date at the end of this section. We encourage you to periodically review this Privacy Policy to be informed of how we use and protect your Personal Data. If you would like to contact us regarding this policy, please email info@herbanutritionshop.com.
Effective Date
Tuesday, 18 July, 2023
