We welcome you to The Moss Way, our website and shop at www.themossway.co.uk (“our Services). In accordance with the UK`s Data Protection Act 2018 (DPA) and the General Data Protection Regulation (GDPR) to inform you about the processing of your data when you use our Services.
General information and mandatory disclosures
What is personal data?
Personal data is any information relating to personal or material circumstances that relates to an identified or identifiable individual. This includes, for example, your name, date of birth, e-mail address, postal address, or telephone number as well as online identifiers such as your IP address. In contrast, information of a general nature that cannot be used to determine your identity is not personal data. This includes, for example, the number of users of a website.
The person responsible within the meaning of the DPA and GDPR is:
The Moss Way Health Ltd
71-75 Shelton Street, Covent Gardens,
London, WC2H 9JQ
Scope of the processing of personal data
As a matter of principle, we only collect and use personal data from you insofar as this is necessary to provide a functional website and our content and services, e.g., when you register on our website or log in to an existing customer account or when you place an order with us.
Relevant legal basis
In accordance with the DPA and GDPR, the following legal basis, unless specifically described below apply to the processing of your personal data:
- the legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 GDPR,
- the legal basis for processing in order to fulfil our services and carry out contractual measures and respond to enquiries is Art. 6(1)(b) GDPR,
- the legal basis for processing in order to fulfil our legal obligations is Art. 6(1)(c) GDPR, and
- the legal basis for processing in order to protect our legitimate interests is Art. 6(1)(f) GDPR.
You have the following rights with regard to personal data concerning you, which you can assert against us:
- Right of access (Art. 15 GDPR),
- Right to rectification (Art. 16 GDPR) or erasure (Art. 17 GDPR),
- Right to restriction of processing (Art. 18 GDPR),
- Right to object to processing (Art. 21 GDPR).
- Right to withdraw your consent (Art. 7(3) GDPR),
- Right to receive the data in a structured, common, machine-readable format ("data portability") as well as the right to have the data transferred to another controller if the conditions of Art. 20 (1) lit. a, b GDPR apply (Art. 20 GDPR).
You can assert your rights by notifying us using the contact details provided.
You also have the right to complain to a data protection supervisory authority about the processing of your personal data carried out by us (Art. 77 GDPR). The Information Commissioner`s Office (ICO), which is the relevant authority in the UK. The ICO is located at Wycliffe House, Water Ln, Wilmslow SK9 5AF, UK and their website can be found at www.ico.org.uk. We would, however, appreciate the chance to deal with your concerns before you approach the ICO or any other supervisory authority.
Data collection on our website
In principle, you can use our website for purely informational purposes without disclosing your identity. However, our website collects a series of general data and information with each visit and this data is temporarily stored in log file. A log file is created in the course of an automatic protocol of the processing computer system. The following can be recorded:
- browser type/browser version
- Operating system used
- language and version of the browser software
- host name of the accessing end device
- IP address
- Website from which the request comes
- Content of the request (specific page)
- Date and time of the server request
- Access status/HTTP status code
- Referrer URL (the previously visited page)
- Amount of data transferred
- Time sone difference to Greenwich Mean Time (GMT)
The temporary processing of the IP address by the system is necessary to technically enable delivery of the website to your computer. Processing your IP address for the duration of the session is necessary for this. The legal basis for this processing is our legitimate interest (Art. 6 (1) f) GDPR).
The access data is not used to identify individual users and is not merged with other data sources. The access data are deleted when they are no longer required to achieve the purpose of their processing. In the case of the collection of data for the provision of the website, this is the case when you end your visit to the website. The data is generally deleted after seven days at the latest; processing beyond this is possible in individual cases. In this case, the IP address is deleted or alienated in such a way that it is no longer possible to assign your device to it.
as our legitimate interest (Art. 6 (1) f) GDPR).
To provide our website, we use the services of Shopify of the service provider Shopify International Limited who process all data to be processed in connection with the operation of our website on our behalf. The legal basis for the data processing is our legitimate interest in providing our website (Art. 6 (1) f) GDPR).
Provision of the Shop
We use the shop system of Shopify. All data collected in our shop is processed on Shopify`s global servers. The legal basis for the data processing is our legitimate interest in providing our shop (Art. 6 (1) f) GDPR).
We use your data for sending information ordered by you about our offer and other promotions from us to the e-mail address provided by you. If you purchase goods on our website or forget something in your shopping cart or sign up for our newsletter, we may send you information on our own similar goods to your specified e-mail address even without your consent. The legal basis for this data processing is our legitimate interest, because advertising related products by way of direct advertising represents a legitimate interest for us as a business and the provider of this website. You may object to the processing of your personal data for the purpose of direct advertising at any time without giving reasons by unsubscribing via the unsubscribe link at the end of each e-mail or by contacting us.
Contacting us, leaving a reply, registration or placing orders
- a) Contacting us
When you contact us using via email or social media, the data you provide will be stored by us based on your consent and the preparation or initiation of a contract, insofar as it is necessary to answer your questions (Art. 6 (1) a) GDPR) and (Art. 6 (1) b) GDPR). Your inquiry is logged in order to be able to prove the contact in accordance with the legal requirements. We delete the data accruing in this context when the respective conversation with you has ended and your inquiry has been conclusively clarified.
- b) Leave A Reply
When you leave comments in our blog or posts, your IP addresses is stored for 7 days on the basis of our legitimate interests. This is done for our security in case someone leaves unlawful content in comments and posts. In this case, we ourselves can be prosecuted for the comment or post and are therefore interested in the identity of the author.
Within the blog you may be able to display certain profile information, share certain details, engage with others, exchange knowledge and insights, post and view relevant content. It’s your choice whether to include sensitive information on your comment and to make that sensitive information public. Please do not post or add Personal Data to your comment that you would not want to be available. The legal basis for the storage is our legitimate interest (Art. 6 (1) f) GDPR).
- c) Registration
On our website, we offer you the opportunity to register by providing personal data. The data is entered in the registration form is transmitted to us and stored and includes your full name, your e-mail address and your password. We will also send you a verification e-mail to ensure that the account creation is made for the intended person. The processing of the data for this registration thus serves the fulfilment of the contract of use or the implementation of pre-contractual measures (Art. 6 (1) b) GDPR). You can delete your account at any time either by using the delete function in your account or by contacting us.
- d) Storage of data in your account
For the conclusion and processing of contracts, we require contact details, such as name, delivery and billing address and e-mail address, as well as information on the type of payment method you have chosen. You can store this data in your account. In addition, we use your data to maintain our customer database so that only accurate data is stored by us. In order to avoid typing errors and to ensure that the items you have ordered reach you, we check the completeness and accuracy of your address when you enter it.
Following your order, you will receive a corresponding order confirmation as well as further documents, which we are obliged to provide in order to fulfil our legal information obligations for an effective conclusion of a contract with you (Art. 6 (1) c) GDPR) and (Art. 6 (1) b) GDPR).
- e) Guest order
You have the option to place your orders as a guest. If you choose this order type, you do not have to register before placing an order. Please note that you will have to enter your data again for each subsequent order.
We collect, process, and use the information you provide in the context of a guest order for the purpose of executing the contract. We store the information you provide for the period of processing and handling your order. Afterwards, your data will be deleted unless you decide to activate your customer account within 14 days after placing your order. Data that we are required to store due to legal, statutory, or contractual retention obligations will be blocked instead of being deleted to prevent it being used for other purposes. The processing of the data serves the fulfilment of the contract with you (Art. 6 (1) b) GDPR).
- f) Order confirmation/dispatch confirmation
In order to process the contract and provide you with our services, for example the web shop or to send you your order, we use your contact details to send you registration confirmations, customer service information, order confirmations, contract documents or payment processing information. We are obliged to send you these documents in order to comply with our legal information obligations for an effective conclusion of a contract with you. The processing of your data is therefore necessary to fulfil our legal information obligations for an effective conclusion of a contract with you (Art. 6 (1) c) GDPR) and (Art. 6 (1) b) GDPR).
- g) Other
Based on our legal obligation (Art. 6 (1) c) GDPR) and our legitimate interest (Art. 6 (1) f) GDPR), we use and store your personal data and technical information to the extent necessary to prevent or prosecute misuse or other illegal behaviour on our website, e.g., to maintain data security in the event of attacks on our IT systems (Art. 6 (1) f) GDPR). This also takes place insofar as we are legally obliged to do so, for example due to official or court orders, and for the exercise of our rights and claims as well as for legal defence (Art. 6 (1) f) GDPR).
Disclosure or transfer of personal data
We do not transfer or disclose your information to third parties unless there is a legal basis for such disclosure. Example of such a basis is typically consent from you or a legal basis that requires us to disclose the data.
For the operation and optimisation of our website and our services and for the processing of contracts, various service companies work for us, e.g., for central IT services or the hosting of our website, for the payment and delivery of products, or order fulfilment or for the dispatch of newsletters, to whom we pass on the data required for the fulfilment of the task (e.g., name, address).
Some of these companies act for us by way of commissioned processing and may therefore use the data provided exclusively in accordance with our instructions. In this case, we are legally responsible for appropriate data protection measures at the companies we commission. We therefore agree on specific data security measures with these companies and monitor them regularly.
In contrast, order processing, in these cases we transmit data to third parties for their own use in order to process the contract:
- In the case of delivery of goods and the necessary logistics companies and the postal service provider specified when the order was placed.
- In the case of payment for goods to the payment service provider as specified when the order was placed (currently Stripe through Shop Pay (Shopify) Please Note: We do not collect or store any payment transaction information such as credit card numbers or bank details during the payment process. You only provide this information directly to the respective payment service provider.
If we use service providers in third countries, we take additional measures to ensure an adequate level of data protection for the transfer of personal data and thus ensure that the transfer is generally permissible and that the special requirements for a transfer to a third country are met (e.g., by concluding standard contracts and additional guarantees, supplementary technical and organisational measures such as encryption or anonymisation).
We will disclose your data to third parties or government agencies within the framework of existing data protection laws if we are legally obliged to do so, e.g., due to official or court orders, or if we are entitled to do so, e.g., because this is necessary for the prosecution of criminal offenses or for the exercise and enforcement of our rights and claims.
Advertising and Marketing
We use the data you provide to fulfil and process our contract and to respond to your enquiries in or on the basis of your consent. Insofar as you have also given us your separate consent to process your data for consulting, marketing and advertising purposes, we are entitled to contact you for these purposes via the communication channels you have given your consent to.
You may give us your consent in a number of ways including by selecting a box on a form where we seek your permission to send you marketing information, or sometimes your consent is implied from your interactions or contractual relationship with us. Where your consent is implied, it is on the basis that you would have a reasonable expectation of receiving a marketing communication based on your interactions or contractual relationship with us.
Direct Marketing generally takes the form of e-mail but may also include other less traditional or emerging channels. These forms of contact will be managed by us, or by our contracted service providers. Every directly addressed marketing sent or made by us or on our behalf will include a means by which you may unsubscribe (or opt out).
Services for statistical, analytical and marketing purposes
- a) Shopify Analytics
Shopify will use this information for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Shopify may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Shopify's behalf. The legal basis for this processing is our legitimate interest (Art. 6 (1) f) GDPR) and your Consent (Art. 6 (1) a) GDPR).
- b) Google Analytics
We use Google Analytics, a service provided by Google Inc. This means that the data collected can in principle be transmitted to a Google server in the USA, whereby the IP addresses are anonymised by means of IP anonymisation so that an allocation is not possible. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can object to the collection and processing of this data by Google Analytics by setting an opt-out cookie that prevents the future collection of your data when you visit this website: http://tools.google.com/dlpage/gaoptout?hl=en. The legal basis for this processing is our legitimate interest (Art. 6 (1) f) GDPR) and your Consent (Art. 6 (1) a) GDPR).
- c) Google Ads
We use the Google AdWords offer from Google to draw attention to our attractive offers on external web sites with the help of advertising media (so-called Google Ads). We can determine how successful the individual advertising measures are in relation to the data of the advertising campaigns. In this way, we pursue the interest of showing you advertising that is of interest to you, making our website more interesting for you and achieving a fair calculation of advertising costs. The legal basis for this processing is our legitimate interest (Art. 6 (1) f) GDPR) and your Consent (Art. 6 (1) a) GDPR).
- d) Facebook Custom Audiences
Furthermore, the website uses the "Website Custom Audiences" function via the so-called "Facebook Pixel" of Facebook Inc. (provider is Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. This allows users of the website to be shown interest-based advertisements ("Facebook ads") when visiting the Facebook social network or other websites that also use this method. In this way, we pursue the interest of showing you advertisements that are of interest to you in order to make our website more interesting for you.
Due to the marketing tools used, your browser automatically establishes a direct connection with the Facebook server. We have no influence on the scope and further processing of the data collected by Facebook through the use of this tool and therefore inform you according to our state of knowledge: Through the integration of Facebook Custom Audiences, Facebook receives the information that you have accessed the corresponding web site of our website or clicked on an advertisement from us. If you are registered with a Facebook service, Facebook can assign the visit to your account. Even if you are not registered with Facebook or have not logged in, it is possible that the provider may obtain and store your IP address and other identifying features. The legal basis for this processing is our legitimate interest (Art. 6 (1) f) GDPR) and your Consent (Art. 6 (1) a) GDPR).
Miscellaneous and closing
Based on our legitimate interest (Art. 6 (1) f) GDPR), we are present in various "social media" platforms (currently, Instagram, LinkedIn and Facebook) in order to communicate with our customers, interested parties and users registered there and to be able to inform them about our offers there. We would like to point out that you use these platforms and their functions on your own responsibility. This applies in particular to the use of the interactive functions (e.g., commenting, sharing, rating).
Updating your information
If you believe that the information, we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion, or object to its processing, please do so within your account or by contacting us. For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer the above requests.
Keep in mind, we may reject requests for certain reasons, including if the request is unlawful or if it may infringe on trade secrets or intellectual property or the privacy of another user. Also, we may not be able to accommodate certain requests to object to the processing of personal data, notably where such requests would not allow us to provide our service to you anymore.
Links to other providers
Our website also contains - clearly recognisable - links to the websites of other companies. Insofar as there are links to websites of other providers, we have no influence on their contents. Therefore, no guarantee or liability can be assumed for these contents. The respective provider or operator of the pages is always responsible for the content of these pages.
The linked pages were checked for possible legal violations and recognisable infringements at the time of linking. Illegal contents were not recognisable at the time of linking. However, permanent monitoring of the content of the linked pages is not reasonable without concrete indications of a legal violation. Such links will be removed immediately if infringements of the law become known.
Personal data and children
Our services are aimed at people aged 18 and over. We will not knowingly collect, use or disclose personal data from minors under the age of 18 without first obtaining consent from a legal guardian through direct offline contact.
Databases or data sets that include Personal data may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal data may have been compromised, and the notice will be accompanied by a description of action being taken to reconcile any damage as a result of the data breach. Notices will be provided as expeditiously as possible after which the breach was discovered.
Questions or Comments
The Moss Way Health Ltd
71-75 Shelton Street, Covent Gardens,
London, WC2H 9JQ