Herbacy – Herbal Wellness App

Privacy Policy

Last updated: February 11, 2021

Welcome to Herbacy!

This Privacy Policy describes the privacy practices for the Herbacy mobile application (the “App”). The App is owned and operated by Herbacy Inc, a company formed and operating in accordance with the law of Antigua and Barbuda (hereinafter “the Company,” “we,” “us,” or “our”). 

We are committed to ensuring the privacy of the personal information that we collect from you. This Privacy Policy provides you with information on how we collect, utilise, and share your personal information when you access our App, sign-up for a user account, or subscribe to our newsletter. The Privacy Policy also informs you of the rights you have regarding your personal information and how you can exercise your rights. 

By using the App, you agree to the collection and use of your personal information in accordance with this Privacy Policy. If you do not agree with our privacy practices as outlined hereunder, please do not download the App or otherwise use the Service. 

Unless expressly defined in this Privacy Policy, the terminology used here shall have the same meaning as defined in our Terms and Conditions. 

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

Information Retention

Your Rights and Choices

California Residents Privacy Notice

Children’s Privacy

Parental Controls

Third-Party Links

Updates

Contact Us

  1. Who is covered by this Privacy Policy?

This Privacy Policy only applies to our App user who sign-up for a user account and any third-party on whose behalf a user acts. Our Service is only available to users in the jurisdictions where the App has been made available by the Company.

  1. 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

  1. 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:

  1. Your full name; and
  2. Your email address.
  1. 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.  

  1. 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.  

  1. 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. 

  1. How We Use Personal Information

We use your personal information for the purposes outlined hereunder:

  1. Account Data 

We use your Account Data to:

  1. Create your user account; 
  2. Enable you to use the Services;
  3. Contact you as and when required during the term of our Agreement.
  1. Support Request Data

We use your support request data to understand your request, respond to your inquiry, and perform any other related actions.

  1. Marketing Data

We will use your marketing data to send you direct marketing material that we think you will find interesting. 

  1. 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. 

  1. 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.

  1. 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. 

If you have any questions regarding the legal basis we use for processing any personal information we collect from you, please contact us at the contact details provided at the bottom of this Privacy Policy. 

  1. 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. 

UK Users

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.

  1. 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.

  1. 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: 

  1. 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. 

  1. 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. 

  1. 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. 

  1. 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.  

  1. With Your Consent

We may share your personal information with third parties with your express consent. 

  1. Advertising

We may also use third-party processors to show advertisements to you to help support and maintain our App.

  1. Your Rights and Choices

You have the following rights relating to your personal information: 

  1. Right to access your personal information

You may request a copy of all your personal information that you have voluntarily provided us with. 

  1. Right to rectification

You may request rectification of any incorrect or incomplete information we hold about you. 

  1. 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. 

  1. 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: 

Herbacy Inc

AYC Marina Complex

Falmouth Harbour, St. Pauls, 

Antigua

Email: hello@herbacy.com 

  1. 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:

All personal information we collect from you and the personal information we collect about you through other sources has been described in section 2 of this Privacy Policy ‘Personal Information We Collect.’ We use all personal information we collect from you, as described in section 3, ‘How We Use Personal Information.’ We may disclose your personal information to third parties, as outlined in section 7, ‘How We May Disclose Personal Information.’ 

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. 

You may exercise your right to access, edit, or delete your personal information by contacting us using the same email address that you used to sign-up for your user account. Please note that we have provided comprehensive information to address these rights in this Privacy Policy. However, if you have any additional requests, you may contact us at the contact email provided at the bottom of this Privacy Policy.

We do not sell or rent your personally identifiable information to any third parties. 

  1. Do Not Track (DNT)

Please note that we do not respond to DNT signals by changing our data collection and use practices. 

  1. 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.

  1. Storage

Our App is maintained and operated from our offices in Antigua and Barbuda. By accessing the App, you agree to the transfer of your personal information outside your current country of residence to the aforementioned jurisdictions as well as other jurisdictions, where it will be processed in accordance with this Privacy Policy.

  1. 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.

  1. Third-Party Links

Our App may contain links to third-party websites that are not owned or operated by us. When you click on any such third party links, you will be redirected to such a third party’s website. These third-party websites are governed by their own Terms and Conditions and Privacy Policy. We encourage our users to review the third-party Terms and Privacy Policy before making use of such websites. The presence of any third party links on our App does not constitute an endorsement or recommendation of such third party, and we cannot be held responsible for such third party’s actions.

  1. Updates

We may amend this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we will notify you by email and/or by updating the last modified date on the top of this page. It is solely your responsibility to periodically review this Privacy Policy to familiarise yourself with any changes. 

  1. Contact Us

If you have any questions relating to our privacy practices, this Privacy Policy, or if you wish to exercise your rights, please contact us at: 

e-mail: hello@herbacy.com

Address: Herbacy Inc

AYC Marina Complex

Falmouth Harbour, St. Pauls, 

Antigua