Last updated: February 11, 2021
Welcome to Herbacy!
Table of Contents
Personal Information We Collect
Personal information submitted directly by you
Information we collect automatically
Information we may receive from third parties
Information we infer
How We Use Personal Information
How We May Disclose Personal Information
Your Rights and Choices
California Residents Privacy Notice
- Personal Information We Collect
We collect information about you in multiple ways including information that you submit directly to us when you use the Service, information that we automatically collect from your use of the App, information we collect from third parties and information that we infer.
We will only collect and process your information if we have a legal basis to process your information, such as your consent, our contractual obligations, or our legitimate interest in processing your personal information/data, which does not override your rights.
Please note that you have the right to decline to submit any personal information when requested by the Company. However, you understand that if you refuse to provide any information that is required for the provision of our Services, your refusal may lead to those Services being unavailable to you.
Voluntarily submitted information
- When you sign-up for a user account (“Account Data”)
When you sign-up for a user account, we request you to provide us with some personal information including, but is not limited to:
- Your full name; and
- Your email address.
- When you send support requests (“Support Request Data”)
When you contact us by email or by completing the contact form on our App, we collect your full name, email address, and any personal information contained in your message.
- When you submit your User-Generated Content (“Your Content”)
When you submit Your Content on the App, we will collect all information (personal or otherwise) contained in your User-Generated Content.
- When you subscribe to receive marketing material (“Marketing Data”)
When you subscribe to receive direct marketing communication from us, such as our newsletter, you provide us with your full name and email address. You are not under any obligation to opt-in to receive marketing communication from us, and you can easily unsubscribe at any time.
Automatically collected information
We automatically collect some information about you when you use our App, such as your IP address, User-Generated Content or Company Content you interact with, the searches you perform on the App, the time and date of your visits, and other similar information.
Data Collected from third-party service providers
When you link your third party accounts with your user profile on the App (single sign-on), we will collect some information from such third-party service providers to supplement the information we collect directly from you in accordance with the authorisation procedures of the third-party service provider.
Information we may infer
We may infer some information about you based on the information that we collect. For example, we may infer your location, such as your state and city, based on your IP address.
- How We Use Personal Information
We use your personal information for the purposes outlined hereunder:
- Account Data
We use your Account Data to:
- Create your user account;
- Enable you to use the Services;
- Contact you as and when required during the term of our Agreement.
- Support Request Data
We use your support request data to understand your request, respond to your inquiry, and perform any other related actions.
- Marketing Data
We will use your marketing data to send you direct marketing material that we think you will find interesting.
- Your Content
We collect and process Your Content to enable you to interact with other users and deliver our Service. Please note that your name will be associated with Your Content and all information posted in Your Content is deemed non-confidential in nature. You are advised not to share any personal information in Your Content that you do not wish to be publicly visible to others.
- Automatically Collected Data
We use this data to:
- Identify you as a unique user;
- Improve your user experience;
- Maintain our App;
- Detect and prevent spam, fraud or other similar unauthorised activities.
We may also use your personal information for our internal business purposes, such as improving our understanding of your experience on our App and developing or modifying current services. We may also extract statistical data from your personal information by anonymising it.
- Legal basis
Our legal basis for processing your personal data includes:
- Performance of a contract – Where your personal data that we collect is necessary for us to deliver our Service to you such as when you sign up for a user account, our legal basis for processing your personal information is the performance of our contract with you;
- Legitimate Interests – There are some occasions where we have a legitimate interest in processing your personal information such as ensuring our users’ safety, prevention of fraud, or understanding and improving our Service, in such cases our legal basis for processing your personal data is our legitimate interest provided it does not override your personal information rights;
- Consent -If you opt-in to receive direct marketing material from us, our legal basis for processing your personal information is your explicit consent. You may withdraw your consent anytime by exercising your rights, and we will cease processing your personal data for direct marketing purposes;
- Compliance with a legal obligation – If required, we may process your personal information to comply with our legal obligation.
- Place of Data Processing
Your personal data may be processed in Antigua and Barbuda, United States of America or any other jurisdictions where our processors are located. Depending on your location, we may transfer your personal data outside the country where you are currently located.
Please note that if you are in the United Kingdom, if we transfer your personal data to a country that does not have adequate data protection, we will take steps to ensure that your personal data receives the same level of protection as provided within the United Kingdom. We will use all relevant safeguards to ensure your privacy rights are protected by the receiving entity in such other jurisdiction.
To find out more about the place of processing/transfer of your personal data, please contact us.
- Personal Information Retention Policy
We will only retain personal information for as long as required for the purpose that we initially collected it for. Accordingly:
- Personal information that was collected for the performance of our contract with you will be retained until you and the Company have both fulfilled all obligations towards each other under such contract;
- Personal information that was collected with your consent will only be retained until such time that you withdraw your consent;
- Personal information that was collected for our legitimate interest will be retained as long as required for the purpose.
Notwithstanding the foregoing, we may be obliged to retain your personal information for a longer period if required for the fulfilment of our legal obligations, to assert our rights, or defend any legal claims against us. Please note that we will delete all your personal information after the expiration of the retention period and you will not be able to enforce your personal information/data rights thereafter.
- How We May Disclose Personal Information
We will not sell or rent your personal information. Excluding Your Content that is accessible to other users, we will not disclose/share your personal information with any third parties except as outlined hereunder:
- Service Providers
We may engage service providers (companies or individuals) to perform services on our behalf, including but not limited to app development, maintenance, provision of support services, analytics, and marketing services. Your personal information may be disclosed to these Service Providers.
- Professional Advisors
We may be required to share your personal information with our professional advisors, who provide us with legal, financial, and other advisory services during our business operations or any commercial transactions.
- Commercial Transactions
In the event we enter into any commercial transaction such as a merger, acquisition, sale, or purchase, all your personal information may be disclosed or transferred as part of such a commercial transaction.
- Law Enforcement Authorities
We will share your personal information when required by applicable law or legal process, to respond to any legal claims, to assert the Agreement, and protect our property and users.
- With Your Consent
We may share your personal information with third parties with your express consent.
We may also use third-party processors to show advertisements to you to help support and maintain our App.
- Your Rights and Choices
You have the following rights relating to your personal information:
- Right to access your personal information
You may request a copy of all your personal information that you have voluntarily provided us with.
- Right to rectification
You may request rectification of any incorrect or incomplete information we hold about you.
- Right to withdraw consent
If you subscribe to receive our newsletter by opting-in, you can withdraw your consent by clicking the “unsubscribe” button in our marketing email.
- Data Controller
We are the data controller of our users’ ‘account data’, ‘your content’, ‘marketing data’, and ‘support request data’, and we can be contacted at:
AYC Marina Complex
Falmouth Harbour, St. Pauls,
- California Residents Privacy Notice
If you are a California resident, we encourage you to review this California Residents Privacy Notice, which informs you of how we collect, use and disclose your personal information and the specific rights that you have relating to your personal information in accordance with the California Law:
California Consumer Privacy Protection Act (CCPA) also give California residents the following rights:
- Right to request access, edit or delete your personal information that we have collected.
- Right to request information about our privacy practices.
- Right not to be discriminated against for exercising your privacy rights.
We do not sell or rent your personally identifiable information to any third parties.
- Do Not Track (DNT)
Please note that we do not respond to DNT signals by changing our data collection and use practices.
- Security of your Personal Information
The security of your personal information is important to us. We take all reasonable and financially viable steps to safeguard your personal information from any unauthorised access, use, modification, destruction, or loss. Although we make our best effort to safeguard your personal information, you acknowledge that no mode of transmission over the internet is one hundred per cent secure; therefore, we cannot offer you any guarantees as to the absolute security of your personal information.
- Children’s Privacy
We do not target our App to persons under the age of 13 (“children”). If you believe that a child has submitted his/her personal information through the App, please contact us. We will immediately take appropriate steps to remove such information from our records.
- Third-Party Links
- Contact Us
Address: Herbacy Inc
AYC Marina Complex
Falmouth Harbour, St. Pauls,