Privacy Policy

This Privacy Policy describes how Helthie Crush (“Company”, “We”, “Us”, or “Our”) collects, uses, and discloses your personal information when you access and use our website located at helthiecrush.com and your access to and use of mobile and smart device applications, (collectively the “Website”), including any content, functionality and services offered on or through helthiecrush.com and mobile and smart device applications, and your access to and use of our services, including helthie bar experience, WhatsApp ordering, delivery options, private event catering, and our Helthie Crusher Loyalty Rewards program (collectively the “Services“).

Helthie Crush has adopted this notice to enhance our communication regarding privacy and use of data and in compliance with Jamaica’s Data Protection Act (the “DPA”).

For purposes of this Privacy Policy, “You“, “Your” or “Customer” means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.

Please read this Privacy Policy carefully. By using and accessing any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the Services.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on the Website and update the “Published” date.

How We Collect and Use Your Personal Information

To provide the Services, we collect and have collected personal information about you, as outlined below. In addition to the specific uses set out below, we may use information we collect about you to communicate with you, provide the Services, comply with any applicable legal obligations, enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

What Personal Information We Collect

The types of personal information we obtain about you depends on how you interact with our Website and use our Services. Personal information refers to information that identifies, relates to, describes or can be associated with You. The following sections describe the categories and specific types of personal information we collect.

The personal data we collect and process about you

We may need to collect, use, process, store and transfer different kinds of personal data about you, including:

Identity Data including your name and date of birth;
Contact Data including postal/residential address, email address, telephone number;
Sensitive Personal Data including Taxpayer Registration Number (TRN) and citizenship status;
Profile Data including username and password;
Order Data including your name, billing address, shipping address, payment confirmation, email address, phone number;
Shopping Data including the items you view, put in your cart or add to your wish list;
Customer Support Data including the information you choose to include in communications with us, for example, when sending a message through the Services;
Technical and Usage Data including internet protocol (IP) address, browser type and version, time zone setting and location, operating system and platform, and other technology on the devices you use to access the Website; and information on how you use the Website;
Content downloaded (Cookies)

Some features of the Services may require you to directly provide us with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features.

Information from Third Parties

Finally, we may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:

Companies who support our Website and Services.
Our payment processors, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment to fulfil your orders and provide you with products or services you have requested, in order to perform our contract with you.
When you visit our Website, open or click on emails we send you, or interact with our services or advertisements, we, or third parties we work with, may automatically collect certain information using internet technology such as pixels, web beacons, software developer kits, third-party libraries, and cookies.

Any information we obtain from third parties will be treated in accordance with this Privacy Policy. We are not responsible or liable for the accuracy of the information provided to us by third parties and are not responsible for any third party’s policies or practices. For more information, see the section below, Third Party Websites and Links.

Cookies and Internet Technology

Cookies are text files placed on your computer to collect standard Internet log information and visitor behaviour information. We use Internet tracking technology like cookies and Web Beacons for a variety of purposes, including:

to assist us in providing services to you;
track visitor use of the Website;
deliver information specific to your interests on additional websites;
compile statistical reports on Website activity.

You can set your browser not to accept cookies. If you disable or refuse cookies or select the option which allows only the cookies which allow functionality, however, please note that some parts of the Website may become inaccessible or not function properly.

How We Use Your Personal Information

Providing Products and Services. We use your personal information to provide you with the Services in order to perform our contract with you, including to process your payments, fulfill your orders, to send notifications to you related to your account, purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for delivery, facilitate any returns and exchanges and to enable you to post reviews. And to include enabling you to participate in a competition, promotion or survey.
Marketing and Advertising. We use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email or text message, and to show you advertisements for products or services. This may include using your personal information to better tailor the Services and advertising on our Website and other websites.
Security and Fraud Prevention. We use your personal information for administering and protecting our Services and the Website; to detect, investigate or act regarding possible fraudulent, illegal or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately.
Communicating with you. We use your personal information to manage our relationship with you and to provide you with customer support and improve our Services. This is in our legitimate interests in order to be responsive to you, to provide effective services to you, and to maintain our business relationship with you.
Meet our Legal and Regulatory Requirements.
Verifying how many users engage our electronic channels and which aspects of the channels are used most frequently.

Retention of Your Information

We will retain your personal data for as long as it is reasonably necessary to fulfil the purposes, we collected it for, including the need to maintain the information of your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies and to comply with the purposes outlined in the DPA.

The DPA requires companies to inform you about the legal basis for using, sharing, or disclosing your data. To the extent those laws apply, we may rely on the following legal bases for processing this data:

The performance of a contract;
Compliance with any legal obligation;
To protect the vital interest of the data subject (you);
For the administration of justice, exercise of any function conferred by or under any enactment, or exercise of any other functions of a public nature exercised in the public interest;
Purposes of legitimate interest; and
With consent by the data subject (you).

Notwithstanding the requirement for consent by you to utilise your data, please note we may be compelled to share your data with law enforcement, or in complying with a legal obligation or a court order.

How We Disclose Personal Information

In certain circumstances, we may disclose your personal information to third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:

With vendors or other third parties who perform services on our behalf (e.g., IT management, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).
With business and marketing partners, to provide services and advertise to you. Our business and marketing partners will use your information in accordance with their own privacy notices.
When you direct, request us or otherwise consent to our disclosure of certain information to third parties, including the delivery of roducts or through your use of social media widgets or login integrations, with your consent.
In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

We do not use or disclose sensitive personal information for the purposes of inferring characteristics about you.

Security and Retention of Your Information

We will use all reasonable efforts to safeguard your personal data against copying or modification, loss, theft, unauthorized access and/or disclosure. However, please be aware that no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.

Your Rights and Choices

Subject to certain exceptions, you have data privacy rights under the DPA, including, but not limited to, right of access, right to rectification, right to prevent processing, rights in relation to automated decision-making. These rights include:

Right of access: You may have the right to access the personal data we have on you by obtaining a copy of this personal data;
Right to erasure: You may have the right to request the deletion of your personal data under certain circumstances;
Right to rectification: You may have the right to request the correction or amendment of any errors in the personal data we have about you;
Right of portability: You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions
Right to prevent processing: You may have the right to request that the data controller cease; or not begin, processing, of your personal data; and
Rights in relation to automated decision-making: You may have the right to ensure that no decision to which this section applies is based solely on the processing, by automatic means, of personal data in respect of the data subject for the purpose of evaluating matters relating to the data subject.
Appeal: You may have a right to appeal our decision if we decline to process your request. You can do so by replying directly to our denial.
Managing communication preferences: We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.

You may exercise any of these rights where indicated on our Website or by contacting us using the contact details provided below. We will not discriminate against you for exercising any of these rights. Please note that if you contact us to do any of the things listed above, we may require you to provide sufficient personal data to verify your identity, before providing a substantive response to the request. However, this personal data will only be used for this purpose. If you contact us to exercise these rights, we will respond to your request in a timely manner as required under applicable law.

Complaints

If you have complaints about how we process your personal information, please contact us using the contact details provided below.

International Users

Please note that we may transfer, store and process your personal information outside the country you live in. Your personal information is also processed by staff and third party service providers and partners in these countries.

User Generated Content

The Services may enable you to post product reviews and other user-generated content. If you choose to submit user generated content to any public area of the Services, this content will be public and accessible by anyone.

We do not control who will have access to the information that you choose to make available to others and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available, or for the accuracy, use or misuse of any information that you disclose or receive from third parties.

Third Party Websites and Links

Our Website may provide links to other websites and to plug-ins and applications or other online platforms operated by third parties. If you follow links to websites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such websites, including the accuracy, completeness, or reliability of information found on these websites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.

Contact

Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please email us at helthiecrush.legal@gmail.com.

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