Privacy

policies

Privacy policy

This is the Privacy Policy of Earth’s Creation and Wellness LLC. This Privacy Policy covers our website, online sales and offline sales as applicable. Throughout this Privacy Policy, we refer to “we”, “us” and “our”, which means Earth’s Creation and Wellness. 

Introduction

We are committed to protecting and respecting your privacy, and to acting in compliance with current data protection legislation as applicable to our US with any applicable enacting, successor, supplementing or amending legislation. 

This Privacy Policy sets out how we handle data, including how we collect, store and use personal data, our legal bases for processing your personal data, information on transfers to third parties and international transfers, as well as your rights as a data subject. This Privacy Policy covers personal data processed by us.  

All use of our website, and purchase of or subscription to our products and services, by or to you, the user, is conditional upon and subject to this Privacy Policy, which forms a part of our Terms and Conditions, together with any notices and policies stated on this website. If you do not agree to the terms of this Privacy Policy, you may not access the website or use any products or services and please do not submit any personal data to us.

Contents:

  1. Who we are and other important information

  2. What personal data we collect 

  3. How and when we collect personal data

  4. How and why we use personal data

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.   

  1. Who we are and other important information

This section explains where this Privacy Policy is applicable and who we are and other important information including on our relevant supervisory authority.

This is the Privacy Policy of Earth’s Creation and Wellness LLC. It sets out how we collect and process personal data through use of our products and services, use of our website, and other collection of personal data related to our business.  Our products and services are designed for adults and therefore our website is not intended for children (under 16 years of age) and we do not knowingly collect data relating to children.

  1. What personal data we collect

This section explains what types of personal data we might collect from you and the classification of this data (section 2.1). It includes information on any special category data (data which you might consider particularly sensitive) that might be collected.

2.1 Whether you are a customer, supplier or other business contact, we will collect and use your personal data in the manner and for the reasons set out in this Privacy Policy.  We collect most personal data directly from you however if we collect personal data indirectly, we refer to this explicitly in this Privacy Policy.  We have listed the types of personal data we may collect from persons according to the relationship that person has with us as follows:

Customers, suppliers (including individual contractors) and other business contacts 

Data collected may include the following, where provided:

  • Identity data (including full name, username or similar identifier, title/ gender, job title, role, seniority)

  • Contact data (including billing address, delivery address, email address, telephone numbers)

  • Financial data (including bank account, payment card details)

  • Transaction data (including details about payments to and from you and/or your organization and other details of products and services you have purchased from us)

  • Technical data (including internet protocol (IP) address, login data, browser type and version and other technology on the device used to access our website)

  • Profile data (including username, password, purchases or orders made by you, your interests, preferences, feedback and survey responses)

  • Usage data (including information about how you use our websites, products and services)

  • Marketing and communications data (including your preferences in receiving marketing from us and your communication and cookie preferences)

Data will be collected in order for customers, suppliers and other business contacts to receive or supply products and services, as applicable, to manage contractual relationships on an ongoing basis, for account administration, and to provide updates and news about our products and services, events and other information that we think may be of interest to you. We also collect data through the use of cookies.  You can find more information on cookies in section 4.3 and our cookies statement.  

We do not collect special category data from you. Please do not provide such to us.

Visitors to our website or outlets, including events

Data collected may include the following, where provided:

  • Identity data (including full name, username or similar identifier, job title, title/ gender)

  • Contact data (including email address, telephone numbers)

  • Technical data (including internet protocol (IP) address, login data, browser type and version and other technology on the device used to access our websites)

  • Usage data (including information about how you use our website)

  • Marketing and communications data (including your preferences in receiving marketing from us and your communication and cookie preferences)

Simply visiting our website does not require you to reveal personal data although some cookies recording session data will be collected. If however, you ask us for information, register with us, sign up to attend any of our events or receive our marketing material or otherwise express an interest in our products or services or report a problem, we collect any personal data you submit to us.  

2.2 If you fail to provide personal data

Where we need to collect personal data by law or under the terms of a contractual arrangement, and you fail to provide that data when requested as being mandatory, we may not be able to fulfil the terms of the contract or relationship that we have with you. 

  1. How and when we collect your personal data

This section explains how and when we collect your personal data.

3.1 We may collect your personal data in the following direct ways:

Customers and suppliers (including individual contractors) and other business contacts

Data will be collected:

  • prior to, at commencement, and during the term of a contractual relationship when you request our products and services

  • when you complete forms on our site or for our products and services

  • including registering to use our site, subscribing to our services, posting material or using further services

  • when you enter a competition or promotion sponsored by us

  • when you contact us or report a problem to us, or provide feedback to us, or complete a survey

  • when you transact with us through our website or when you place orders with us over the phone or by email

Visitors to our website

Simply visiting our website does not require you to submit personal data (although our cookies may collect certain personal data for statistical and analytical purposes). If however, you ask us for information, register with us, sign up to attend any of our events or receive our marketing material or otherwise express an interest in our products or services or report a problem, via our website, we collect any personal data submitted to us at that time.

We also collect data you share with us on blogs or chat forums at the time of submission of such data. This may be accessible to others.

Automated technologies or interactions

When you visit our websites and access resources on our website, we may automatically collect Technical Data and Usage Data.  We may collect this data via cookies including, where available, your IP address, operating system and browser type, for system administration. Our cookies statement has more information on this.  You can manage your cookies via our manage your preferences page.

  1. How and why, we use your personal data

This section explains how we use your personal data (section 4.1) and how you may opt-out of marketing communications and how you can manage cookies.

It includes the legal bases on which we rely to process your data (section 4.2).

It also provides information on cookies (section 4.3).

4.1 How and why we use your personal data

Customers and suppliers (including individual contractors) and other business contacts

Personal data of customers (including Identity, Contact, Technical, Usage and Profile Data) will be used:

  • to provide you with products and services that you request from us

  • to manage our contractual relationship on an ongoing basis

  • for customer administration including carrying out our obligations arising from any contracts entered into between you and us and including retention of correspondence if you contact us

  • for us to form a view on what we think you may want or need, or what products, services or offers may be of interest to you (referred to as marketing) in order to provide you with information about our other products and services in which you may be interested, including our newsletter , where you have not opted-out to be contacted for such purposes

  • to personalize our service to you, including ensuring that content from our site is presented in the most effective manner for you and your computer

  • to seek your views on products and services

  • to enable you to participate in interactive features of our service, when you choose to do so, including live chat features

  • for technical administration of our sites including notifying, you about changes to our service

  • with further information on our products and services

Personal data of suppliers and other business contacts (including Identity, Contact, Technical, Usage and Profile Data) will be used:

  • to receive products and services

  • to manage our contractual relationship on an ongoing basis

  • for supplier administration including carrying out our obligations arising from any contracts entered into between you and us and including retention of correspondence if you contact us

  • to provide updates and news about our products and services as such may be relevant to the services you provide

You can manage your marketing and other contact preferences through our manage your preferences page. You will receive marketing communications from us if you have requested information from us or purchased products or services from us or if you provided us or one of our service providers and, in each case, you have not opted out of receiving marketing. Where you opt-out of receiving marketing messages, we may need to communicate with you for administrative or operational reasons and therefore whilst you use our products and services and continue to wish to do so, it is not possible to opt-out of all communications with us, and therefore an opt-out may not apply to personal data provided to us as a result of purchase of products or services or other associated activities or transactions.

Visitors to our website and events

Personal data (including Identity, Contact, Technical and Usage) will be used to form a view on what we think you may want or need, or what products, services or offers may be of interest to you (referred to as marketing) in order to provide you with further information on our products and services. You can manage your marketing and other contact preferences through our manage your preferences page. You will receive marketing communications from us if you have requested information from us or if you provided us or one of our service providers and, in each case, you have not opted out of receiving marketing. Where you opt-out of receiving marketing messages, this will not apply to personal data provided subsequently if you then choose to purchase products or services and in relation to other subsequent associated activities or transactions.

Analytics

We also perform analytics, such as trends, sales intelligence, marketing effectiveness (such as click and open rates), uptake and progress, with providers such as Google Analytics.  You can manage your cookie preferences through our manage your preferences page. 

4.2 Legal basis for processing data

The purposes for which we use your data are set out below - these are commonly referred to as the legal bases which we rely on to process your data.  We may process your personal data for more than one legal basis depending on the specific purpose for which we are using each element of data. Further information can be provided on request. Where legitimate interest is the legal basis, we identify what our legitimate interests are below.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending marketing communications to certain potential customers and where special category data is collected from respondents. Where consent is used as the legal basis for processing, you may withdraw consent at any time and section 9 has more information.

4.3 Cookies

We may use personal data collected by cookies for functional and analytical purposes, as set out in section 4.1. Please see our separate cookies statement for more information, including relating to those cookies which are strictly necessary for the provision of products and services to you.

We use first party cookies set by ourselves only. Please note however that our website may include links to third party websites, plug-ins and applications. These websites, plug-ins and applications may use cookies over which we have no control. You may however restrict or block third party cookies through your browser settings and such blocking of cookies of third parties should not affect the functionality and use by you of our website. You can manage any cookies that we use via our manage your cookies page

  1. Who we transfer your personal data to

This section explains who we might share your data with including where we transfer data to third parties for processing purposes.

5.1 We may have to share your personal data with third parties for processing or sub-processing purposes.  We undertake a selection process and periodic review in relation to processors and sub-processors. We may also share your personal data with controllers.  We enter into data processing agreements with both processors and controllers, as applicable.

5.2 We share your personal data with third parties and for the purposes as set out below:

5.2.1 Third parties (acting as processors):

  • suppliers based in the US who provide IT, database and system administration services as well as suppliers providing web, logistics, event organization, and other technologies or services to you connected to the service we provide

  • professional advisers including lawyers, bankers, auditors, debt collection agencies and insurers based in the US who provide banking, legal, insurance and accounting services

  • HM Revenue & Customs, regulators and other authorities based in the US who require reporting of processing activities in certain circumstances 

  • suppliers based in the US who provide analytics services

  • law enforcement agencies or regulators where we believe, in good faith, that it is necessary to comply with the law or regulatory obligation or to protect the safety of us, our customers, or the public or to enforce or apply our terms of business or other contracts

5.3 We require all third-party suppliers to respect the security of your personal data and to treat it in accordance with the law. We do not allow our suppliers to use your data for their own purposes, and we require that processing is in accordance with our instructions.  We enter into written data processing agreements with suppliers that receive personal data from us. 

5.4 Specifically, our store is hosted on SQUARESPACE Inc., the online ecommerce platform that enables us to sell products and services to you. Personal data is stored in the Shopify application and through Shopify’s data storage and databases. Squarespace store personal data on a secure server behind a firewall. For United States data, including Us data, Squarespace’s services are provided through its affiliate, Squarespace International Ltd, in Ireland, who act as controller on behalf of Squarespace. Data is then sent to other Squarespace locations and to service providers who may be located in other regions, including Canada (where Squarespace is based) and the US.

Squarespace stores your payment card data and it is encrypted through Payment Card Industry Data Security Standard (PCI-DSS). Purchase transaction data is stored for as long as is necessary to complete your purchase transaction. After that, purchase transaction information is deleted. PCI-DSS is a set of standards that all direct payment gateways (including Visa, Mastercard, American Express and others) adhere to, managed by the PCI Security Standards Council. 

For more information on PCI-DSS requirement, see Squarespace’s Terms of Service (https://www.squarespace.com/legal/terms) or Privacy Statement (https://www.squarespace.com/legal/privacy). 

Our website and online store also use Google Analytics to help us learn about store visits and how customers browse and shop.