• 1. In this privacy policy, the following definitions are used:

    Data

    Collectively all information that you submit to BWG Botanics via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;

    Cookies

    A small text file is placed on your computer by this Website when you visit certain parts of the Website and when you use certain features. Details of the cookies used by this Website are set out in the clause below ( Cookies);

    Data Protection Laws

    Any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;

    GDPR

    the General Data Protection Regulation (EU) 2016/679;

    BWG Botanics, we or us

    BWG Botanics, a company incorporated in England and Wales with registered number 12407671, whose registered office is at 215 Lower Addiscombe Road, Croydon, England, CR0 6RB;

    UK and EU Cookie Law

    The Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;

    User or you

    Any third party that accesses the Website and is not either (i) employed by BWG Botanics and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to BWG Botanics and accessing the Website in connection with the provision of such services; and

    Website

    The Website you are currently using, www.bwgbotanics.com, and any sub-domains of this site unless expressly excluded by their terms and conditions.

    2. In this privacy policy, unless the context requires a different interpretation:

    a. the singular includes the plural and vice versa;

    b. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;

    c. a reference to a person includes firms, companies, government entities, trusts and partnerships;

    d. "including" is understood to mean "including without limitation";

    e. reference to any statutory provision includes any modification or amendment of it;

    f. the headings and sub-headings do not form part of this privacy policy.

  • 3. This privacy policy applies only to the actions of BWG Botanics and Users concerning this Website. It does not extend to any websites that can be accessed from this Website, including any links we may provide to social media websites.
    4. Regarding the applicable Data Protection Laws, BWG Botanics is the "data controller". This means that BWG Botanics determines the purposes for which and how your Data is processed.

  • 5. We may collect the following Data, which includes personal Data, from you:

    a. name;

    b. contact Information such as email addresses and telephone numbers;

    c. IP address (automatically collected);

    In each case, by this privacy policy.

  • 6. We collect Data in the following ways:

    a. data is given to us by you; and

    b. data is collected automatically.

  • 7. BWG Botanics will collect your Data in several ways, for example:

    a. when you contact us through the Website, by telephone, post, e-mail or through any other means;

    b. when you register with us and set up an account to receive our products/services;

    c. when you complete surveys that we use for research purposes (although you are not obliged to respond to them);

    d. when you enter a competition or promotion through a social media channel;

    e. when you make payments to us, through this Website or otherwise;

    f. when you elect to receive marketing communications from us;

    In each case, by this privacy policy.

  • 8. To the extent that you access the Website, we will collect your Data automatically, for example:

    a. we automatically collect some information about your visit to the Website. This information helps us to improve Website content and navigation, including your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.

    b. we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies and how we use them on the Website, see the section below headed "Cookies".

  • 9. We may occasionally require any or all of the above Data to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:

    a. internal record keeping; improvement of our products/services;

    b. improvement of our products/services;

    c. transmission by email of marketing materials that may be of interest to you;

    d. contact for market research purposes may be done via email, telephone, fax or mail. Such information may be used to customise or update the Website;

    In each case, by this privacy policy.

    10. We may use your Data for the above purposes if we deem it necessary for our legitimate interests. If unsatisfied with this, you can object in certain circumstances (see the "Your rights" section below).

    11. For the delivery of direct marketing to you via email, we'll need your consent, whether via an opt-in or soft-opt-in:

    a. soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under "soft opt-in" consent, we will take your consent as given unless you opt out.

    b. for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we'll provide.

    c. if you are unsatisfied with our marketing approach, you can withdraw consent anytime. To find out how to withdraw your consent, see the "Your rights" section below.

    12. When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and taking steps, at your request, to enter into such a contract.

  • 13. We may share your Data with the following groups of people for the following reasons:

    a. our employees, agents and professional advisors - Marketing purposes solely.;

    In each case, by this privacy policy.

  • 14. We will use technical and organisational measures to safeguard your Data, for example:

    a. access to your account is controlled by a password and a user name that is unique to you.

    b. we store your Data on secure servers.

    15. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss, or unauthorised access to your Data, please inform us immediately by contacting us via this e-mail address: info@bwgbotanics.com.

    16. If you want detailed information from Get Safe Online on protecting your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

  • 17. Unless a more extended retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.
    18. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.

  • 19. You have the following rights about your Data:

    a. Right to access - the right to request (i) copies of the information we hold about you at any time or (ii) that we modify, update or delete such information. If we provide you access to the information we hold about you, we will not charge you for this unless your request is "manifestly unfounded or excessive." Where we are legally permitted, we may refuse your request. If we refuse your request, we will tell you the reasons why.

    b. Right to correct - the right to rectify your Data if it is inaccurate or incomplete.

    c. Right to erase - the right to request that we delete or remove your Data from our systems.

    d. Right to restrict our use of your Data - the right to "block" us from using it or limit how we can use it.

    e. Right to data portability - the right to request that we move, copy or transfer your Data.

    f. Right to object - the right to object to our use of your Data, including where we use it for our legitimate interests.

    20. To make enquiries, exercise any of your rights set out above, or withdraw your consent to processing your Data (where consent is our legal basis for processing your Data), please get in touch with us via this e-mail address: info@bwgbotanics.com.

    21. If you are not satisfied with how we handle a complaint you make concerning your Data, you may be able to refer your complaint to the relevant data protection authority. This is the Information Commissioner's Office (ICO) for the UK. The ICO's contact details can be found on their website at https://ico.org.uk/.

    22. It is essential that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period we have it.

  • 23. This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy po’ privacy policy or statement before using them.

  • 24. BWG Botanics may occasionally expand or reduce our business, which may involve the sale and transfer of control of all or part of BWG Botanics. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was initially supplied to us.

    25. We may also disclose Data to a prospective purchaser of our business or any part of it.

    26. In the above instances, we will take steps to ensure your privacy is protected.

  • 27. This Website may place and access certain Cookies on your computer. BWG Botanics uses Cookies to improve your experience of using the Website and our product range. BWG Botanics has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.

    28. Current UK and EU Cookie Laws use all Cookies this Website uses.

    29. Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to placing Cookies, you are enabling BWG Botanics to provide a better experience and service to you. If you wish, you may deny permission to place Cookies; however, certain features of the Website may not function fully or as intended.

    30. You can find a list of Cookies in the Cookies Schedule.

    31. You can turn Cookies on or off in your internet browser. Most internet browsers accept Cookies by default, but this can be changed. For further details, please consult the help menu in your internet browser.

    32. You can choose to delete Cookies at any time; however, you may lose any information enabling you to access the Website more quickly and efficiently, including personalisation settings.

    33. It is recommended that you ensure that your internet browser is up-to-date and consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

    34. For more information on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.

  • 35. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.

    36. If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will be deemed deleted to the extent required. The validity and enforceability of the other provisions of this privacy policy will not be affected.

    37. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

    38. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.

  • 39. BWG Botanics reserves the right to change this privacy policy as we deem necessary from time to time or as required by law. Any changes will be immediately posted on the Website, and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations. You may contact BWG Botanics by email at info@bwgbotanics.com.