Dr. Hauschka Skin Care, Inc. | Privacy Policy  

Effective October 4, 2023

Dr. Hauschka Skin Care Inc. respects and values its Users’ privacy.  This Privacy Policy (the “Policy”) describes the information Dr. Hauschka Skin Care Inc. (“DHSC”) collects from Users when they access www.drhauschka.com (the “Website”), how DHSC uses that information, and under what circumstances DHSC may or does disclose that information.  This Policy should be read in conjunction with the DrHasuchka.com terms of service agreement available at https://www.drhauschka.com/general-terms-and-conditions/.

 1.      Policy Introduction.

 a.      Purpose.  We are committed to safeguarding the privacy of our Website visitors (collectively “Users”).  This Policy applies where we are acting as a data controller with respect to the personal data of our Users (“User Information”) by determining the purposes and means of processing that User Information.

 b.      Consent to Use of Cookies.  We use cookies on our Website.  Where such cookies are not strictly necessary for the utilization of the Website and services rendered thereon, we will ask you to consent to our use of cookies when you first visit our Website.

 c.      Data Controller.  In this policy, “we”, “us,” and “our” refer to Dr. Hauschka Skin Care Inc.  For more information about Dr. Hauschka Skin Care Inc., see Section 17.

 2.      How We Use Your Personal Data.

 a.      User Information Use Introduction.  In this Section 2 we set out: (i) the general categories of User Information that we may process; (ii) in the case of User Information that we did not obtain directly from you, the source and specific categories of that data; (iii) the purposes for which we may process User Information; and (iv) the legal bases of the processing.

 b.      Processing of Usage Data.  We may process data about your use of the Website (“Usage Data”).  Usage Data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use.  The source of the Usage Data is our analytics tracking system.  Usage Data may be processed for the purposes of analyzing the use of the Website.  The legal basis for this processing is your consent hereunder and our legitimate interests, namely monitoring and improving the Website and content and user experience we provide therewith.

 c.      Processing Account Data.  We may process data associated with your User account (“Account Data”).  The Account Data may include your name, physical address, email address, and phone number.  The source of the Account Data is, generally, you.  The Account Data may be processed for the purposes of operating the Website, providing our products, ensuring the security of the Website and services, maintaining back-ups of our databases, and communicating with you.  The legal basis for this processing is your consent hereunder and our legitimate interests, namely the proper administration of our Website and business that can include providing products to you.

 d.      Processing Inquiry Data.  We may process information contained in any inquiry you submit to us regarding goods and/or services (“Inquiry Data”).  The Inquiry Data may be processed for the purposes of offering, marketing, and selling relevant goods and/or services to you.  The legal basis for this processing is your consent hereunder and our legitimate interests, namely the proper administration of our Website and business.

 e.      Processing User Relationship Data.  We may process information relating to our customer relationships, including User contact information (“User Relationship Data”).  User Relationship Data may include your name, your contact details, and information contained in communications between us and you.  The source of the User Relationship Data is, generally, you.  User Relationship Data may be processed for the purposes of managing our relationships with you, communicating with you, keeping records of those communications, and promoting our products and services to you.  The legal basis for this processing is your consent hereunder and our legitimate interests, namely the proper management of our customer relationships and our business.

 f.       Processing Transaction Data. We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through the Website (“Transaction Data”).  The Transaction Data may include your contact details, your payment card details, and the transaction details.  The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions.  The legal basis 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 and our legitimate interests, namely the proper administration of our Website and our business.

 g.      Processing Notification Data.  We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters and/or programs (“Notification Data”).  Notification Data may be processed for the purposes of sending you the relevant notifications and/or newsletters.  The legal basis for this processing is your consent hereunder and our taking steps, at your request, to correspond with you in those fashions.

 h.      Processing Correspondence Data.  We may process information contained in or relating to any communication that you send to us (“Correspondence Data”). Correspondence Data may include the communication content and metadata associated with the communication.  Our Website will generate the metadata associated with communications made using any Website contact forms.  Correspondence Data may be processed for the purposes of communicating with you and record-keeping.  The legal basis for this processing is your consent hereunder and our legitimate interests, namely the proper administration of our Website and business and communications with users.

 i.       Processing Data for Legal Claims.  We may process any of your User Information identified in this policy where necessary for the establishment, exercise, or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.  The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

 j.       Processing for Risk Management.  We may process any of your User Information identified in this Policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice.  The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

 k.      General Purposes of Processing User Information.  In addition to the foregoing, we may also process any of your User Information where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

 l.       Disclosure of Third-Party User Information.  Please do not provide any other person’s User Information to us, unless we prompt you to do so.

 3.      How We Disclose User Information.

 a.      Intra-Group Disclosures of User Information.  We may disclose your User Information to any member of our organization, including its parents and subsidiaries as reasonably necessary for the purposes, and on the legal bases, set out in this policy.  Information about our company and organization can be found at https://www.drhauschka.com.

 b.      Disclosure of User Information to Insurers and Advisers.  We may disclose your User Information to our insurers and/or professional advisers as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

 c.      Disclosure of User Information to Payment Service Providers.  Financial transactions relating to our Website and services are or may be handled by our payment services providers, such as Stripe.  We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at https://stripe.com/privacy.

 d.      Disclosure of User Information to Third-Party Suppliers.  We may disclose your Inquiry Data to one or more of those selected third-party suppliers of goods and services identified on our Website for the purpose of enabling them to contact you so that they can offer, market and sell to you relevant goods and/or services.  Each such third party will act as a data controller in relation to the enquiry data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party’s use of your User Information.

 e.      Disclosure of User Information Necessary for Legal Compliance, etc.  In addition to the foregoing, we may disclose your User Information where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.  We may also disclose your User Information where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

 4.      International Transfers of Your User Information.

 a.      Introduction to International User Information Transfers.  In this Section 4, we provide information about the circumstances in which your User Information may be transferred to countries outside the European Economic Area (EEA).

 b.      International Transfers within Business.  We have offices and facilities in the United States.  The European Commission has made an “adequacy decision” with respect to the data protection laws of the United States.  Transfers to the United States will be protected by appropriate safeguards, namely the Federal Trade Commission Act (15 U.S.C. §§ 41-58), the Electronic Communications Privacy Act (18 U.S.C. § 2510 et seq.) and the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and the Stored Communications Act (18 U.S.C. § 2701, et seq.).

 c.      International Transfers to Hosting Services Provider.  The hosting facilities for our Website are situated in the United States.  The European Commission has made an “adequacy decision” with respect to the data protection laws of the United States. Transfers to the United States will be protected by appropriate safeguards, namely the Federal Trade Commission Act (15 U.S.C. §§ 41-58), the Electronic Communications Privacy Act (18 U.S.C. § 2510 et seq.) and the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and the Stored Communications Act (18 U.S.C. § 2701, et seq.).

 d.      International Transfers to Subcontractors.  Our subcontractors are situated in the United States.  The European Commission has made an “adequacy decision” with respect to the data protection laws of the United States.  Transfers to the United States will be protected by appropriate safeguards, namely the Federal Trade Commission Act (15 U.S.C. §§ 41-58), the Electronic Communications Privacy Act (18 U.S.C. § 2510 et seq.) and the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and the Stored Communications Act (18 U.S.C. § 2701, et seq.).

 e.      Publication of User Information on Internet.  You acknowledge that User Information that you submit for publication through our Website or services may be available, via the internet, around the world.  We cannot prevent the use (or misuse) of such User Information by others.

 5.      Retaining and Deleting User Information.

 a.      Data Retention Introduction.  This Section 6 sets out our data retention policies and procedures which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of User Information.

 b.      User Information Retention Default Rule.  User Information that we process for any purpose or purposes shall not be kept for longer than is necessary therefor.

 c.      User Information Retention Criteria.  In some cases, it is not possible for us to specify in advance the periods for which your User Information will be retained.  In such cases, we will determine the period of retention based on the following criteria:

                                      i.     our reasonable necessity for retaining the User Information, pursuant to this Policy; and

                                     ii.     our obligations to delete this information, pursuant to this Policy.

 d.      User Information Deletion Exception.  Notwithstanding the other provisions of this Section 6, we may retain your User Information where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

 6.      Security of User Information.

 a.      Appropriate Technical and Organizational Security Measures.  We will take appropriate technical and organizational precautions to secure your User Information and to prevent the loss, misuse or alteration of your User Information.

 b.      User Information Stored on Secure Servers and Computers.  We will store all your User Information on secure servers.

 c.      Encrypted storage of User Information.  The following User Information will be stored by us in encrypted form: your name, contact information and password(s).

 d.      Security of Server-Browser Communications.  Data relating to your inquiries and financial transactions that is sent from your web browser to our web server, or from our web server to your web browser, will be protected using encryption technology.

 e.      Unencrypted Data Sent Over Internet is Insecure.  You acknowledge that the transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

 f.       Password Security.  You should ensure that your password is not susceptible to being guessed, whether by a person or a computer program.  You are responsible for keeping the password you use for accessing our Website confidential.

 7.      Amendments to this Policy.

 a.      Amendment by Publication.  We may update this Policy from time to time by publishing a new version on our Website.

 b.      Check for Changes to the Policy.  You should check this page occasionally to ensure you are happy with any changes to this policy.

 c.      Notification of Changes to the Policy.  We may notify you of significant changes to this Policy by email or through the private messaging system on our Website.

 8.      Your EU Rights.  To the fullest extent allowed under applicable law, the rights enumerated in this section apply exclusively to EU residents.

 a.      Introduction to Data Subject Rights Summaries.  In this Section 8, we have summarized the rights that you have under data protection law.  Some of the rights are complex, and not all of the details have been included in our summaries.  Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

 b.      List of Data Subject Rights.  Your principal rights under data protection law are:

                                      i.     the right to access;

                                     ii.     the right to rectification;

                                    iii.     the right to erasure;

                                    iv.     the right to restrict processing;

                                      v.     the right to object to processing;

                                    vi.     the right to data portability;

                                   vii.     the right to complain to a supervisory authority; and

                                  viii.     the right to withdraw consent.

 c.      Summary of Right to Access User Information.  You have the right to confirmation as to whether or not we process your User Information and, where we do, access to the User Information, together with certain additional information.  That additional information includes details of the purposes of the processing, the categories of User Information concerned and the recipients of the User Information.  Providing the rights and freedoms of others are not affected, we will supply to you a copy of your User Information.  The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.  You can access your User Information by accessing your User Account when logged into the Website.

 d.      Summary of Right to Rectification of User Information.  You have the right to have any inaccurate User Information about you rectified and, taking into account the purposes of the processing, to have any incomplete User Information about you completed.

 e.      Summary to Right to Erasure of User Information.  In some circumstances you have the right to the prompt erasure of your User Information.  Those circumstances include: (i) the User Information is no longer necessary in relation to the purposes for which it was collected or otherwise processed; (ii) you withdraw consent to consent-based processing; (iii) you object to the processing under certain rules of applicable data protection law; (iv) the processing is for direct marketing purposes; and (v) the User Information has been unlawfully processed.  However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: (i) for exercising the right of freedom of expression and information; (ii) for compliance with a legal obligation; or (iii) for the establishment, exercise or defense of legal claims.

 f.       Summary of Right to Restrict Processing of User Information.  In some circumstances you have the right to restrict the processing of your User Information. Those circumstances are: (i) you contest the accuracy of the User Information; (ii) processing is unlawful but you oppose erasure; (iii) we no longer need the User Information for the purposes of our processing, but you require User Information for the establishment, exercise or defense of legal claims; and (iv) and you have objected to processing, pending the verification of that objection.  Where processing has been restricted on this basis, we may continue to store your User Information.  However, we will only otherwise process it: (i) with your consent; (ii) for the establishment, exercise, or defense of legal claims; (ii) for the protection of the rights of another natural or legal person; or (iv) for reasons of important public interest.

 g.      Summary of Right to Object to Processing of User Information.  You have the right to object to our processing of your User Information on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: (i) the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or (ii) the purposes of the legitimate interests pursued by us or by a third party.  If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise, or defense of legal claims.

 h.      Summary of Right to Object to Processing of User Information for Direct Marketing.  You have the right to object to our processing of your User Information for direct marketing purposes (including profiling for direct marketing purposes).  If you make such an objection, we will cease to process your User Information for this purpose.

 i.       Summary of Right to Object to Processing of User Information for Research Purposes.  You have the right to object to our processing of your User Information for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

 j.       Summary of Right to User Information Portability.  To the extent that the legal basis for our processing of your User Information is your consent hereunder or that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your User Information from us in a structured, commonly used and machine-readable format.  However, this right does not apply where it would adversely affect the rights and freedoms of others.

 k.      Summary of Right to Complain to Data Protection Supervisory Authority.  If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection.  You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

l.       Summary of Right to Withdraw Consent to User Information Processing.  To the extent that the legal basis for our processing of your User Information is consent, you have the right to withdraw that consent at any time.  Withdrawal will not affect the lawfulness of processing before the withdrawal.

 m.    Exercise of Data Subject Rights.  You may exercise any of your rights in relation to your User Information by written notice to us, in addition to the other methods specified in this Section 8.

 9.      Third-Party Websites and Service Providers.

 a.      Hyperlinks to Third-Party Websites.  Our Website includes hyperlinks to, and details of, third-party websites..

 b.      Third-Party Service Providers. 

                                      i.     We use Ascend to help manage our affiliate network.  More about Ascend may be found here: https://www.ascendpartner.com/

                                     ii.     We use NextBee to help manage our loyalty program.  More about NextBee may be found here: https://web.nextbee.com/.

 c.      No Responsibility for Third-Party Privacy Policies.  We have no control over, and are not responsible for, the privacy policies and practices of third parties.

 10.    User Information of Children.  The Website is targeted primarily for use by adults.  We do not target or create special areas for use by children.  Accordingly, we do not knowingly collect age identifying information, nor do we knowingly collect any personal information from children under the age of 13 years.  HOWEVER, WE HEREBY ADVISE ALL VISITORS TO THE WEBSITE UNDER THE AGE OF 13 NOT TO DISCLOSE OR PROVIDE ANY PERSONALLY IDENTIFIABLE INFORMATION ON THE WEBSITE.  In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, in accordance with the Children’s Online Privacy Protection Act (please see the Federal Trade Commission’s website at https://consumer.ftc.gov/articles/protecting-your-childs-privacy-online for more information about this Act), we will delete the child’s personally identifiable information from our files to the extent possible.

 11.     Updating Information.  Using the contact information contained herein, please let us know if the personal information that we hold about you needs to be corrected or updated.

 12.    Cookies.

 a.      What are cookies?  A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

 b.      Persistent and Session Cookies.  Cookies may be either “persistent” cookies or “session” cookies.  A persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date.  A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

 c.      Cookies and Personal Information.  Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

 13.    Cookies That We Use.  In addition the uses of data covered in Section 2, supra, the following cookies may utilize User Information for the following purposes:

 14.    Reserved

 15.    Managing Cookies.

 a.      How to Manage Cookies.  Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

                                      i.     https://support.google.com/chrome/answer/95647?hl=en (Chrome);

                                     ii.     https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox)

                                    iii.     http://www.opera.com/help/tutorials/security/cookies/ (Opera);

                                    iv.     https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

                                      v.     https://support.apple.com/kb/PH21411 (Safari); and

                                    vi.     https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

 b.      Negative Impact of Blocking Cookies.  Blocking all cookies will have a negative impact upon the usability of many websites.

 c.      Effects on Website use of Blocking Cookies.

16.      Reserved.

17.      Our Detai