It was brought to my attention that if I have people to whom I mail that are in the EU, I need to be in compliance with the GDPR (General Data Protection Regulation) that came into effect 26 May 2018. This regulation covers a variety of measures designed to ensure information privacy, data security and timely reporting of data breaches. While I agree with their intent and do my best in these areas, being in the US at present on some self-enhancement, I have not even read all the requirements let alone seen to their implementation.
The number of customers I have in the EU does not justify me hiring a specialist to attend to this or to implement the process of identifying every email from every EU based correspondent so I can delete them after a specified time period.
If you are are a resident of the EU, with apologies and respect, please look to source your products elsewhere.
1. Privacy Statement
1.1. Soft Design Pty Ltd as trustee for the Just For You Software Trust trading as ’Healthelicious Foods’ (the “Vendor”) operates https://www.healthelicious.com.au and http://www.fulvicminerals.com.au and http://www.howtolivethehealthiestlife.com and http://www.howtoslowtheagingprocess.com and http://www.defeatdegenerativediseases.com (the “Websites”).
1.2. This page informs you (the “Visitor”) of the Vendor policies regarding the collection, use and disclosure of Personal Information that is received from Visitors of the Websites and via other communication channels such as email or physical mail, where no formal agreement exists between the Vendor and the Visitor.
1.3. The primary purpose of the Websites is to advertise the nutrition Products along with other ancillary Products (such as books) sold by Vendor (the “Products”).
1.4. The Vendor will use any Personal Information provided, to contact the Visitor about the Products. If the Visitor chooses to, the Vendor may occasionally contact the Visitor about the Service, related activities or other services provided by the Vendor. The vendor will never share or sell the Visitor’s Personal Information with third parties.
1.5. Should the Visitor enter into an agreement with the Vendor to use the Products, the agreement will be subject to the Terms and Conditions.
2. Eligibility to use these Websites
2.1 By using the Websites, the Visitor agrees to the collection and use of information in accordance with this policy.
2.2 Under no circumstances should the Visitor provide the Vendor with any information that would be classed as Sensitive Personal Information as defined in article 9 of the GDPR regulations, this includes (but is not limited to) any of the following:
b. Ethnic origin
c. Political views
d. Religious views
e. Trade union membership
f. Genetic data
g. Biometric data
h. Health data
i. Sexual orientation
2.3. The Products are primarily designed to satisfy the nutritional and information requirements of people 18 years of age and over. To be eligible to use the Websites the Visitor must be aged 18 or over.
3. Information Collection, Use and Retention (Websites)
3.1. The https://www.healthelicious.com.au and http://www.fulvicminerals.com.au and http://www.howtolivethehealthiestlife.com websites are hosted on a web server in Australia owned and operated by Digital Pacific.
3.2. Data entered on those websites is transferred to a privately owned computer, also in Australia.
3.3. If the Visitor chooses to contact the Vendor via the websites, the following information will be requested:
Contact Email Address
Marketing Opt-In (defaults to opt-out)
3.4. Depending on the nature of the query, the Vendor may need to ask for further information which will be subject to the same policies as any of the information listed above.
3.5. If the Visitor chooses to receive marketing emails, they have the option of opting out at any time via the email links provided.
3.6. The Vendor will never ask for, and the Visitor should never offer the following information:
a. Sensitive Personal Information
b. Account Passwords
4. Information Collection, Use and Retention (Direct Email)
4.1. The email services for direct messages to the Vendor are hosted on an email server in Australia.
4.2. If the Visitor sends a direct email message, the Vendor will store the full message itself, any subsequent replies and the related log data until the Visitor requests they be deleted and then they will be deleted.
4.3. The Vendor will never ask for, and the Visitor should never offer the following information:
a. Sensitive Personal Information
b. Account Passwords
5. Information Collection, Use and Retention (Other)
5.1. The primary channels of communication are via email, telephone and the Websites, communication via other channels such as physical postal services are available.
5.2. Any unsolicated communication received via these other channels will have the same privacy policies applied as our primary communication channels wherever possible.
6. Log Data
6.1. The Vendor does not automatically collect information from the Visitor’s browser whenever they visit the Websites (commnly called “Log Data”).
6.2. This Log Data may include information such as the computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of the Websites that were visited, the time and date of the visit, the time spent on those pages and other statistics.
6.3. The Vendor may use third party services such as Google Analytics that will anonymously collect, monitor and analyze Website activity - no Personal Information will be shared with these third parties.
7. Data Transfers, Sharing and Disclosure
7.1. The Vendor does not use outside vendors to process client data.
7.2. The Vendor does not use cloud service providers to store client data.
7.3. The Vendor does not provide to any other person or organisation your purchasing data in either an individually recognisable or aggregated form for them to mine.
7.4. The Vendor will not share, sell or disclose the Visitor’s Personal Information to any persons or companies outside of the Vendor organization.
7.5. Information collected on the Australian hosted websites and emails to the Vendor will be retained in Australia for the processing activities and data retention periods listed above.
7.6. The Vendor will not transfer the Visitor’s Personal Information outside of Australia for any purpose save and except as outlined in section.
7.7. The Vendor receives some payments through PayPal so if you purchase through PayPal, the data you give Paypal may be resident on a PayPal server and subject to their policies. If this is not acceptable to you, please contact the Vendor for an alternative payment method.
7.8. On request by you, the Vendor will generate a PayPal request for payment so your email address and the transaction amount may be resident on a PayPal server.
7.9. The Vendor uses authSMTP.com as an SMTP gateway to email newsletters each week.
8.1. Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to the browser from a website and stored on the computer’s hard drive.
8.2. The Vendor does not use “cookies” to collect information. A Visitor can instruct their browser to refuse all cookies or to indicate when a cookie is being sent.
9.1. The security of Personal Information is of upmost importance but it should be noted that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While the Vendor strives to use commercially acceptable means to protect Personal Information, the Vendor cannot guarantee its absolute security.
10.1. By using the Website, the Visitor agrees to the collection and use of information in accordance with this policy.
10.2. If the Visitor provides additional Personal Information described in section 3 of this policy, further consent will be sought before the information can be submitted.
10.3. To withdraw consent the Visitor should cease accessing the Websites and email the Vendor.
10.4. If you request the Vendor to remove your email address from our newsletter email list we usually do so immediately on receipt of your email requesting to do so but in any event within 48 hours. If this does not happen please advise us of the oversight so it can be corrected.
11. Data Subject Access Request
11.1. To request a copy of any information that the Vendor holds in connection with a Visitor name and email address, please email the Vendor.
12. Data Deletion Request
12.1. To request deletion of any information that the Vendor holds in connection with a Visitor name and email address, please email the Vendor.
13. Data Breach Advice
13.1. If there is any breach of data held by Healthelicious we promise to notify the responsible authority in the jurisdication of the affected Visitors and the Visitors themselves at their last known valid email address, if available.
14.1. For any questions about this policy, please contact the Vendor data protection team using the email address below.
15. Changes to this policy
15.1. This policy is effective as of the 25th of May 2018 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.
15.2. The Vendor reserves the right to update or change the policy at any time and the Visitor should check this policy periodically. The continued use of the Website after the Vendor posts any modifications to the policy on this page will constitute the Visitors acknowledgment of the modifications and consent to abide and be bound by the modified policy.
15.3. If the Vendor make any material changes to the policy, the Vendor will notify by placing a prominent notice on the Website.
16. Current Version