Kokoro Botanicals

Our 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 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.

GDPR Privacy Summary:

• You have the “Right to be erased or “forgotten”. This means if you contact us and do not make a purchase or transaction, we will not keep your details on file. 
• If you send us an enquiry by email, we will keep only your email on our secure email system only to keep a record of the discussion, not to include you on our marketing and promotions database.
• We only send your Mailing address and order details to our Fulfilment Warehouse (that is GDPR compliant).
• We only store your full details (excluding payment) on Shopify and its apps (which is fully GDPR compliant and the world leader in E-Commerce security).
• Your purchasing card details are never held by us, they are encrypted and used by VivaWallet who are fully GDPR compliant.
• We will never sell your information to any 3rd party or other company.

GDPR (General Data Protection Regulation) Compliance:

GDPR has been put in place to give UK and EU citizens more control over their data and seeks to unify a number of existing privacy and security laws under one comprehensive law. The new regulation will affect all UK and EU-based merchants, as well as global merchants that market and sell to individuals who are located in the EU.

Under the new GDPR law, there are two types of entities that need to be compliant:

• A personal data controller is the person or a company that determines the purpose of the data and how it should be processed.

• A personal data processor is the person or a company that processes personal data on behalf of the controller. 

Some businesses can be both the personal data controller and the data processor. Kokoro Botanicals Ltd have ensured all measures are in place to safeguard your data.

At the foundation of GDPR is personal data, Kokoro Botanicals are committed to ensuring that any data that comes to us is protected at all stages.

We are making it easier for you to control the information you provide us and you can make choices about your information. All data subject access requests submitted to [email protected] will be actioned within the required 30 days.

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.

How we collect and store your data:

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 as follows:

• Identity Data – First name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data – Billing address, delivery address, email address and telephone numbers.
• Financial Data – Bank account and payment card details.
• Transaction Data – Details about payments to and from you and other details of products you have purchased from us.
• Technical Data – 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 – Username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data – Information about how you use our website, products and services.
• Marketing and Communications Data – Your preferences in receiving marketing from our third parties and us 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:

• Purchase our products.
• Subscribe to our publications or updates.
• Request marketing is sent to you.
• Enter a competition or promotion.
• Complete a survey.
• 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.

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.

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-in” to 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 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 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 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.

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. Your personal data is only accessible by a limited number of persons who have special access rights to our 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 will notify you and any applicable regulator of a breach where we are legally required to do so.

Data retention – How long will you keep my personal data?

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.

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 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.
• Improve the speed/security of our website.

We offer a refund to customers if you tell us within 14 days of receiving your goods that you would like to return. You then have 14 days to return your order before we will refund you the total of your order minus shipping. The product must be unopened to receive a full refund.

Your acceptance of the terms of purchase means you agree to and understand the refund policy.

We make no claims as to any extra benefits for products containing Hemp/CBD oil. If you decide to purchase our products, you are drawing your own opinions to any additional benefits or use these products may provide.

If you cancel your order before we dispatch, we will return your money. If you cancel after dispatch the same refund and returns policy applies as per above.

1. Object of the contract:

Kokoro Botanicals Ltd sells over its website www.kokorobotanicals.co.uk food supplements to end users. These terms & conditions (T&C) regulate the relationship between Kokoro Botanicals Ltd and the customer regarding all goods ordered on this website or in direct sales.

2. Contract conclusion:

2.1. All offers from Kokoro Botanicals Ltd on this website are without obligation and non-binding. Contracts are concluded by customers placing an order online or by email, getting a confirmation email and the goods are delivered by Kokoro Botanicals Ltd, or in direct sales only by delivery of the goods, into existence.

2.2. Deviating or opposing T&C of the purchaser are not acknowledged and are not part of the contract.

3. Prices:

The price include all applicable taxes and value added tax, if and when applicable. The shipping and handling charges can be added.

4. Delivery:

4.1. The dates and deadlines desired by the purchaser are unbinding as they are not explicitly confirmed by Kokoro Botanicals Ltd in writing. Only dates stated by Kokoro Botanicals Ltd are valid. Kokoro Botanicals Ltd is free to choose the type of shipment.

4.2. Kokoro Botanicals Ltd is not responsible for delivery delays due to acts of nature beyond control and this does not release the purchaser of their contractual duties.

4.3. The goods are delivered by Kokoro Botanicals Ltd with exempting effect and full discharge of its liabilities If goods are delivered to an address stated by the customer placing the order and the goods were handed to them, a person of their household or neighbour who confirmed receipt in writing or electronically.

5. Warranty:

The customer will be advised of the statutory warranty rights. In a warranty case, the customer can contact Kokoro Botanicals Ltd at [email protected]

6. Payment and delay:

6.1. Payment of the goods is possible as follows:

– Credit card (MasterCard, Visa, Debit Card)

6.2. The purchase price is due upon invoicing.

7. Costs of the customer:

If withdrawals cannot be carried out due to lack of funds, deliveries returned to Kokoro Botanicals Ltd (due to wrong address, failure to pick up or refuse acceptance), the customer has to bear all the resulting costs.

8. Exclusion of the right of withdrawal:

The right of withdrawal does not exist upon delivery of sealed goods which are not suitable for return due to health or hygiene reasons. The same applies to perishable goods, where expiration date has exceeded. The purchaser has no right of withdrawal from their obligations of payment.

9. Data protection:

Personal data of the customer (Name, Address, Telephone number, E-mail address, Bank details) are only forwarded to third parties as far as this is necessary for the fulfilment of Kokoro Botanical Ltd’s contractual obligations. In this case the extent of the data to be transferred is limited to the necessary minimum.

10. Newsletter:

The customer agrees to the email delivery of newsletters by Kokoro Botanicals Ltd. The email address of the customer will not be passed on to any third parties. The customer can cancel the newsletter at any time under [email protected]

11. Severability clause:

11.1. If individual regulations of these T&C’s are void or ineffective in whole or in part, this shall not influence the effectiveness of the remaining regulations.

11.2. Modification or supplements of these T&C’s require written form. This also applies to the requirement for written form.

11.3. The right of residence of the buyer is applicable to these T&C’s. Place of jurisdiction is United Kingdom, if the buyer is a merchant.