Privacy Policy

COLLECTION OF YOUR DATA

We collect the following categories of Personal Data about you when you use or otherwise interact with our Products:

Name

Title

Email address

Website

Home/work/mobile telephone number

Postal or other physical address

Credit/debit card information

IP addresses and other information collected passively, as further detailed below.

Device identifiers, as further described in the “Mobile Application” section below

REFERRALS

If you decide to refer a friend about our products, you represent that you have their consent to provide us with your friend’s name and email address. To maintain in compliance, we will automatically send your friend a one-time email inviting him or her to visit the website or email us. Unless we are authorized by your friend, we will only use your friend’s name and email address for the purposes of sending this one-time email.

We collect and/or process your Personal Data in connection with the below activities related to our Products:

ACCOUNT REGISTRATION

Use of certain Product features

Generating reports based on information collected from use of our Products

Requesting service and support for our products and providing such support

Making transactions or orders

Registering to attend a summit, seminar or webinar

Participating in an online questionnaires and surveys

Billing and collecting payments for our Products

Participating in discussion groups or forums

Registering for newsletter subscriptions

Customizing the advertising and content you see

We may process the following categories of personal data about you:

Ø Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defense of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.

Ø Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.

Ø User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website(s) or through other online services. We process this data to operate our website(s) Blogs and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.

Ø Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyze your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.

Ø Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.

Ø We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests such as growing our clientele, business and providing/offering services and products).

We/I may use information that I collect about you, including personal information, to:

Ø Provide Professional Coaching or Pastoral Counseling Services. I will use your information to provide pastoral counseling or coaching services to you; to facilitate scheduling; to manage your account; to respond to your inquiries; and for other customer service and support purposes.

Ø Understand and improve my/our products. I will perform research and analysis about your use of, or interest in, your purpose or intention, my products, services, or content, or products, services or content offered by others. I do this to help make my products better and for developing/creating new products.

Ø Simply communicate with you.

Ø Service related communications. I may send you service and administrative emails to ensure that my counseling, programs or coaching services are servicing/helping you. I will also email you regarding your scheduled appointments.

Ø Promotional. Subject to your opt-out preference, I may send you emails about upcoming events, new services, about coaching, webinars, seminars, conferences, product features or relevant news I think would be beneficial to you. You may opt out of receiving these communications and direct marketing at any time.  

Ø Responding to your requests. I will also use your information to respond to your inquiries, questionnaires or commentaries. 

Ø Administratively, I or my team may contact you to inform you about changes in my services, programs and fees and prices, related notices and changes to the Policy.

Ø Protecting Rights and Interests. I will use your information to protect yours and my rights and interests as well as the rights and interests of our users and any other persons, to enforce this Policy or my Terms of Service.

Ø Legal Compliance. I may use your information to comply with applicable legal or regulatory obligations, including informal requests from law enforcement or other governmental authorities.

Ø Other. I also may use your information to manage my business or perform functions as otherwise described to you at the time of collection subject to your consent. Please read all digital, online or hardcopy agreements carefully before accepting them.

With Whom I May Share Your Information

Ø I do not share your personal information with others except as indicated within this Policy or when I inform you and give you an opportunity to opt out of having your personal information shared.

SENSITIVE DATA

Ø We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership or your health and genetic and biometric data. We do not collect any information about criminal convictions and offenses.

Ø Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.

HOW WE COLLECT YOUR PERSONAL DATA

Ø We may collect data about you by you providing the data directly to us (for example by filling in forms on our site or by sending us emails). We may automatically collect certain data from you as you use our website by using cookies and similar technologies. 

Ø We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.

We may also receive data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.

COOKIES: 

Ø Account. In order to keep your personal information accurate and complete, you can log in to review and update your account information, including contact information. You may also contact me to request information about the personal data I have collected from you and to request the correction, modification or deletion of such personal information. I will do my best to honor your requests subject to any legal and contractual obligations. If you would like to make a request, cancel your account or request I delete or no longer use your account information to provide you Services, contact me at info@cherylyhoward.com or getyourlifeback7@gmail.com or the address set forth at the end of this Policy. Subject to applicable law, I will retain and use your account information only as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

Ø E-mail. As described above, if you do not wish to receive promotional emails from us, you may opt out at any time by following the opt-out link contained in the email itself. If you do not wish to receive any service-related emails from me, you have the option to deactivate your email subscription.

Ø Cookies. You may also refrain from providing, or withdraw, your consent for cookies. Your browser’s help function should contain instructions on how to set your computer to accept all cookies, to notify you when a cookie is issued, or to not receive cookies at any time.

Third Party Analytics Services. Some of the services used provide the ability to opt-out. You may opt-out of Google Analytics’ and Mixpanel’s services using Opt-Out Features on their respective websites. The Google Analytics service is provided by Google Inc. You can opt-out from Google Analytics service from using your information by installing the Google Analytics Opt-out Browser tool: tools.google.com/dlpage/gaoptout. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: www.google.com/policies/privacy.Mixpanel is provided by Mixpanel Inc. You can prevent Mixpanel from using your information for analytics purposes by opting out at www.mixpanel.com/optout. For more information on what type of information Mixpanel collects, please visit the Mixpanel’s Terms of Use page at www.mixpanel.com/terms. 

Cheryl Y. Howard takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our images, products or services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

DISCLAIMERS

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

Additional Rights. Subject to local law, you may have additional rights under the laws of your jurisdiction regarding your personal data, such as the right to complain to your local data protection authority.

MARKETING COMMUNICATIONS

Ø Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).

Ø Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However you can still opt out of receiving marketing emails from us at any time.

Ø Before we share your personal data with any third party for their own marketing purposes we will get your express consent.

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you at any time.

If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.

DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with the parties set out below:

Ø Service providers who provide IT and system administration services.

Ø Professional advisers including lawyers, bankers, auditors and insurers

Ø Government bodies that require us to report processing activities.

Ø Third parties to whom we sell, transfer, or merge parts of our business or our assets.

Ø We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.

DATA SECURITY

We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorization. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.

We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.

DATA RESTORING

Ø We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

Ø When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorized use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.

Ø For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.

Ø In some circumstances we may anonymize your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

YOUR LEGAL RIGHTS

Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.

Ø You can see more about these rights at:

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/ 

If you wish to exercise any of the rights set out above, please email us at info@hisgardennaturals.com.

Ø 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 or refuse to comply with your request in these circumstances.

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.

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.

Arbitration:

If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (https://ico.org.uk/). We would be grateful if you would contact us first if you do have a complaint so that we can try to problem-solve or resolve it for you.

For any disputes or discrepancies you may have with His Garden Naturals, you agree to first contact us and attempt to resolve the dispute with us informally. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. 

The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitrator shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties.

All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copy no later than 30 days after the notice of arbitration is served. 

The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.

*ANY OF MY WEBSITES ARE CONTINUOUSLY UNDER DEVELOPMENT AND MY COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

Children's Online Privacy

It is important to www.hisgardennaturals that parents and guardians have control over what information is collected from their children online and how such information is or may be used. The Children's Online Privacy Protection Act of 1998 ("COPPA") imposes restrictions on commercial websites, including ours. It is our policy to be compliant with the requirements of COPPA and not to solicit or collect information about or from children age 13 and under.

Beyond the requirements of COPPA, we require that individuals be age 18 or over to register as a member of the Service and thus it is our policy not to solicit or collect information about or from anyone under the age of 18. Users are cautioned, however, that absent a clear indication an online communication has been submitted by a person under age 18, the collection of Personal Information submitted to the Website will be treated as though it was submitted by an adult, and may, unless exempted from access by federal or state law, be subject to public access.

In the event that www.cherylyhoward.com or www.getylifeback.com receives an online communication clearly indicating that it has been submitted by a person under the age of 18, under no circumstances will any Personal Information be published on the Website, be used for a purpose not intended by its sender or shared with third parties.

If you or your company would like more information about COPPA, please visit the Federal Trade Commission's official COPPA page at www.ftc.gov. 

REGISTRATION AND PASSWORD: You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

Your Conduct: You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.

You explicitly agree, in using this web site or any service provided, that you shall not:

(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;

(b) Impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;

(c) collect or harvest any data about other users;

(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;

(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

Regarding privacy and confidentiality for clients (also in contracts):

Your Privacy/Confidentiality:

Ø It is your choice to remain anonymous or not, any session would be confidential and the only time where I may share or disclose your issue is in the case of child abuse, elder abuse or other form of domestic violence and if you threaten to harm yourself or others, or if I have to, for certain cases, consult one of my other counselors/professionals to collaborate with me (while keeping your personal info private) so we can better assist and serve you after discussing matter with you first (your name will remain anonymous) and/or if you prefer, with a written consent either via email-mailed. Your info below goes to my personal email address (only). After submission below a consent and contract form will be emailed to you to fill out and emailed back to the above email address.

Confidentiality via Internet:

Ø You understand that when receiving coaching/counseling through email, online or telephone, it is almost impossible to guarantee 100% confidentiality protection. I/We will do everything possible to protect against intrusions on our end, and you can practice the same. It is our belief that clients must take precautions where confidentiality can be broken as a result of sending your own messages to me or mine sent to you is not secure. If you send/receive emails from your work computer, your supervisor or superior may be able to or entitled to view these emails. And unless you have your own password-protected email account at home, family members and others with access to your email account may be able to breach your confidentiality. So please be sure that you're not sending/receiving email either from your workplace or from an unsecured email account at home.

Ø When using your home computer, please make sure that you are the only person with access to your personal email account. In terms of confidentiality problems with telephone sessions, please understand that if you choose to use a cordless or cell phone during a phone session with me, someone with a scanner could possibly hear you talk. Finally, there is always the remote possibility that a hacker will breach the confidentiality of our email transmissions. To my knowledge, this has never happened to a counselor who is working online, e.g. confidentiality being breached by hackers, but there is always a first time. To summarize, there are risks to your confidentiality online, as there are in an office setting as well. However, we believe these risks to be considerably small assuming common sense is used and appropriate precautions are taken to protect emails sent and received. This info is in the contract for you to sign 

• Please feel free to ask questions about any aspect of the life coaching process.
• You need to be willing to discuss what troubles you have and be open to change.

. You may remember unpleasant events, arouse intense emotions, and/or alter close relationships.

THE DATA DO WE COLLECT ABOUT YOU, THE INTENTION, PURPOSE AND ON WHAT GROUND WE PROCESS IT

Personal data means any information capable of identifying an individual. It does not include anonymized data.

His Garden Naturals and His Garden Naturals Mobile Salon Services is committed to protecting your privacy and ensuring you have a positive experience on our website and in using our products and services (collectively, “Products”). This policy covers the His Garden Naturals, mobile applications, and desktop clients and is applicable worldwide. His Garden Naturals will be the controller of your Personal Data that is provided, collected and/or processed pursuant to this Privacy Policy, except where otherwise expressly stated below.