Privacy Policy

This Privacy Policy explains Herschel Supply’s and its affiliates’ policies and practices with respect to how we collect and use your personal information. It also describes how we maintain, use, and disclose personal information. All capitalized terms used in this Privacy Policy that are not defined have the meanings assigned to them in our Terms of Use.

Herschel Supply Company Ltd. and our affiliated companies control the data collected when you interact with Herschel Supply. Our contact information is found at the end of this policy. Third-party providers engaged by us may also process and store certain data that we collect.

This Privacy Policy applies to information collected from you by Herschel Supply through the Herschel Sites, our social channels, and other means by which we may collect personal information. This Privacy Policy also sets out how you can access certain information that we may collect about you. In this Privacy Policy, “personal information” means information about an individual who can be identified directly or indirectly from the information we collect.

BY SUBMITTING PERSONAL INFORMATION TO HERSCHEL SUPPLY OR OUR SERVICE PROVIDERS AND AGENTS, YOU AGREE THAT HERSCHEL SUPPLY MAY COLLECT YOUR PERSONAL INFORMATION AND YOU CONSENT TO THE USE, DISCLOSURE AND TRANSFER OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain practices identified herein at any time by contacting us at the address provided below. If you refuse or withdraw your consent, you acknowledge that we may not be able to provide you, or continue to provide you, with certain services or information which may be of value to you.

This Privacy Policy was last updated on September 10, 2020. We reserve the right to update these terms from time to time by posting an updated version on the Herschel Sites, without further notice to you.
 

THIRD PARTY SITES

The Herschel Sites may contain links to websites and other resources operated by third parties other than Herschel Supply, including social media websites. We do not control the collection of data on these websites, and are not responsible for the content of such third party websites or the privacy practices of such third parties. Your use of third party websites is governed by the terms and conditions and privacy policies of the third party.

DATA COLLECTION

We may collect personal information in connection with your use of the Herschel Sites or your purchase of our products and services. Our collection and storage of your personal information depends on our interaction with you and how you use the Herschel Sites.

We may also collect information that is not personal information because it cannot be used to identify you directly or indirectly. This may include aggregated data such as the frequency of user visits to the Herschel Sites, the routes by which users access the Herschel Sites and use of any hyperlinks available on the Herschel Sites. Herschel Supply or its service providers and agents may process and use this aggregate data for various purposes including, but not limited to, analyzing this data for trends and statistics, developing the Herschel Sites and the Herschel Sites’ features and offerings, assessing patterns of use, or planning and evaluating marketing initiatives.

Information Provided by You

By providing us with information, you consent to our collection and use of that information for the purpose for which you provided it. It may also be necessary for us to process the information you provide to do something at your request (e.g., to complete a purchase, to send you newsletters).

Information that you may provide us with directly may include:

· Your name, user name, email and password when you register for an account on the Herschel Sites;
· Your age, telephone number, date of birth, gender, personal preferences, purchase history and other information stored in your account;
· Your name and email address when you subscribe to newsletters or other marketing materials;
· Your name, address, and credit card information when you complete a purchase;
· Your name, email address, purchase history, other details you provide and a copy of your communications when you contact our customer service team;
· Your personal preferences and opinions when you respond to consumer survey requests, or other requests for your opinion, preferences or suggestions;
· Your name, age, address and social media handles when you participate in contests, sweepstakes and other promotions on our website or our social channels; and
· Your name, address, phone number, email address, work history, and other details you provide if you submit a job application.
By submitting personal information to Herschel Supply, you represent and warrant that you have the right and authority or have obtained all necessary consents to provide any information, including any personal information of another individual that you provide to us.

Information We Collect Automatically

Information that we collect automatically when you use the Herschel Sites may include:

· Device information, such as whether you are using a mobile phone, tablet or computer and what type it is;
· Your IP address and general location as disclosed by your IP address;
· The frequency of user visits to the Herschel Sites;
· The use of hyperlinks available on the Herschel Sites;
· Which pages you view on the Herschel Sites and how long you stay on each one;
· Whether you accessed the Herschel Sites through one of our advertisements;
· Which products you have purchased, obtained or considered on the Herschel Sites;
Like many websites, the Herschel Sites use “cookies” to maintain a record of your visit to the Herschel Sites. A cookie is a small text file that is transferred by a web server and stored on the hard drive of your computer or mobile device. It can only be read by the server that sent it to you. This information does not identify you personally.Cookies help us improve the Herschel Sites, optimize your experience, store information about your preferences, speed up your searches and to recognize you when you return to the Herschel Sites. For more information on our use of cookies and to learn how to disable cookies, please read our Cookie Policy here. If you do disable cookies from your browser, certain features of the Herschel Sites will be disabled.
Herschel Supply may use automatically collected data for various purposes including analyzing trends and statistics, assessing patterns of use, developing and diagnosing problems on the Herschel Sites or our servers, planning and evaluating marketing initiatives, and optimizing your experience on the Herschel Sites. This information is not used to inform decisions about individuals, only to understand how different categories of users interact with the Herschel Sites. To the extent that any information can be linked to your IP address to identify you, we will treat it as personal information.
Information We Collect From Third-Parties
If you are a US resident, we may collect your contact information, demographic information, and information about your electronic and commercial activity from data co-ops and third-party data aggregators.
Some of the information we collect automatically is gathered by third-party analytics partners.


USE OF YOUR INFORMATION


Requested Services
We may use your personal information to provide services you have requested, including:
· Completing, modifying and cancelling purchases;
· Contacting you about your account or your orders;
· Maintaining your user account;
· Registering you in contests that you enter and awarding you prizes;
· Processing and responding to your job application;
· Responding to communications you send, including to our customer service team;
· Sending you marketing newsletters and other materials that you consent to receiving; and
· Any other purpose to which you consent.


Other Business Interests


We may use your information to carry out legitimate activities and commercial purposes related to our business, including:
· Understanding, improving and enhancing our existing products and services, including the Herschel Sites;
· Establishing commercial relationships necessary for the performance of the Herschel Sites, including to process transactions, store data, and administer the Herschel Sites;
· Verifying access to your user account;
· Offering, developing and selling products or services;
· Collaborating with marketing partners and advertising networks to offer you products and services that may interest you (US residents only);
· Troubleshooting problems with the Herschel Sites;
· Customizing your experience on the Herschel Sites;
· Enforcing our Terms of Use and this Privacy Policy;
· Detecting and protecting Herschel Supply and third-parties from error, negligence, breach of contract, fraud, theft and other illegal activity;
· Auditing our compliance with this policy and other contractual and legal obligations;
· Developing and managing our business and operations;
· Developing, enhancing, marketing, selling or providing information about products or services;
· Customizing advertisements and marketing communications;
· Monitoring your use of the Herschel Sites to ensure the safety and security of data and to detect security breaches;
· Engaging in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Herschel Supply;
· Complying with any legal or regulatory requirements or provisions; and
· Protecting the rights of Herschel Supply or third-parties.


DISCLOSURE OF YOUR INFORMATION


We may disclose your information to third-parties in certain circumstances with your consent, as required by law, or in furtherance of legitimate business and commercial purposes, including to the following third-parties:
· Service providers and vendors that we hire to provide services on our behalf, including website management, data processing, payment processing, and delivering promotional materials;
· Marketing partners and advertising networks, including data co-ops and aggregators (US residents only);
· Our own subsidiaries or affiliates;
· Counterparties in business transactions, including any type of acquisition, disposal, securitization or financing involving Herschel Supply;
· Professional legal, financial, insurance or other advisors in connection with business transactions, legal claims or other legal, tax and accounting matters;
· Government authorities if necessary to comply with a law, regulation or legal process or to protect the safety of any person or their rights (including fraud investigations).
When we disclose your information to marketing partners and advertising networks, it may be construed as a “sale” under the California Consumer Privacy Act, even though we do not receive money in exchange. We may disclose contact information, demographic information, and information about your electronic and commercial activity to these partners, in order to offer you content, products, and services that may interest you. We do not knowingly sell information about consumers under 16 years old. Information about your right to opt-out of the sale of your personal information is provided below.


Data Transfers


Personal information collected by us may be transferred to and processed outside your country of residence for the purposes set out in this Privacy Policy, including to the United States.
To the extent that these countries do not have equal or better data protection laws to your jurisdiction, we will take steps necessary to implement appropriate legal mechanisms, including contractual safeguards and data protection policies. However, while in another jurisdiction, your personal information may be accessed by the courts, law enforcement and administrative bodies of that jurisdiction.


RETENTION OF YOUR INFORMATION


We will retain the personal information that you provide to us for as long as necessary to carry out the purposes set out in this Privacy Policy. In general, we will retain the information associated with your account until your account is closed. In some cases, your information may be retained for a period of time in accordance with applicable laws (for example, to investigate fraud or for tax reporting purposes). We will take reasonable steps to destroy or permanently de-identify personal information if it is no longer necessary for our business purposes.


PROTECTION OF YOUR INFORMATION


We use physical, technological and administrative procedures to protect the personal information that we collect from unauthorized access or disclosure, maintain data accuracy and facilitate the appropriate use of information. However, Internet or wireless transmissions are never completely secure and there is a chance that the messages or information you send may be read or intercepted by others. If you have specific questions about the security of personal information we collect, please contact: privacyofficer@herschel.com.
It is your responsibility to keep your account password and information (including your credit card information) secure. You should not share them with anyone else, and you may want to consider disabling automatic log-in. Contact us immediately if you become aware of any unauthorized use of your account or other security breach.


CHILDREN’S PRIVACY


The Herschel Sites are not intended for children under the age of 18. We do not knowingly collect personal information from children under the age of 18.


YOUR CHOICES AND RIGHTS


If you consent to receive promotional communications from us and later want to stop receiving these communications, you can unsubscribe using the link provided in each broadcast email. You may also have the right to restrict, object to or withdraw your consent for specific processing activities.
You are entitled to request information about the existence, use and disclosure of your personal information in certain circumstances. We will make reasonable efforts to provide this information, subject to exceptions provided by law.
You may also be entitled to request: (a) to receive your personal information in a commonly used electronic format to facilitate the transfer of your information to another service provider, (b) to have your personal information erased, or (c) to correct or update inaccurate, incomplete or out-of-date personal information held by Herschel Supply, depending on your place of residence.
If you are a California resident, you are entitled to: (a) access the personal information we have collected, used, disclosed, and “sold” (as defined by the California Consumer Privacy Act) about you in the last 12 months, (b) request deletion of your personal information (subject to certain exceptions), and (c) opt-out of the “sale” of your personal information. We have chosen to extend these rights to all US customers. We will not discriminate against you in any way if you choose to exercise these rights. To exercise these rights, you or your authorized agent must contact us online or by phone at 1-888-997-5597. We will ask you to provide your name, email address, and other contact information so we can locate your records and process your request.


REQUESTS, QUESTIONS OR COMMENTS


If you have questions or inquiries relating to our privacy practices or procedures, or want to make a request concerning your personal information, please write to Herschel Supply’s Privacy Officer/Data Protection Officer at the address provided below:

privacyofficer@herschel.com
Herschel Supply Company Ltd. 327 – 611 Alexander St. Vancouver, BC V6A 1E1 Canada
Attention: Privacy Officer/Data Protection Officer
Registered UK office:
5 New Street Square
London, United Kingdom
EC4A 3TW

If you remain unhappy with a response you receive about the treatment of your personal information, you can also refer your concerns to the relevant privacy or data protection supervisor in your jurisdiction.