Definitions and interpretation
Data: collectively all information that you submit to Oh Happy Plants via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
Cookies: a small text file placed on your computer or mobile device by this Website when you visit certain parts of the Website and/or use certain features of the Website. 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;
Oh Happy Ventures, LLC; Oh Happy Plants; we; or us: Oh Happy Ventures, LLC, a Limited Liability Company incorporated in WA, USA, whose registered office is at 300 Lenora St, #744, Seattle, WA 98121;
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 Oh Happy Plants and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Oh Happy Plants and accessing the Website in connection with the provision of such services; and
Website: the website that you are currently using, ohhappyplants.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
- The singular includes the plural and vice versa;
- A reference to a person includes firms, companies, government entities, trusts, and partnerships;
- “Including” is understood to mean “including without limitation”;
- Reference to any statutory provision includes any modification or amendment of it;
- For purposes of the applicable Data Protection Laws, Oh Happy Plants is the “data controller”. This means that Oh Happy Plants determines the purposes for which, and the manner in which, your Data is processed, except in the case that third party companies are processing your data. In this case, please refer to their privacy policies, et cetera.
- We may collect the following Data, which includes personal Data, from you:
- Job title;
- Contact information such as email addresses and telephone numbers;
- Address (for payment processing, or if freely given for other business purposes);
- Other freely given information including but not limited to: information regarding home layout, personal taste, et cetera;
How we collect Data
- We collect Data in the following ways:
- Data is given to us by you;
- Data is received from other sources; and
- Data is collected automatically.
Data that is given to us by you
- Oh Happy Plants will collect your Data in a number of ways, for example:
- When you contact us through the Website, by telephone, post/mail, email, or through any other means;
- When you register with us and set up an account to receive our products/services;
- When you complete surveys that we use for research purposes (although you are not obliged to respond to them);
- When you enter a competition or promotion through a social media channel;
- When you make payments to us, through this Website or otherwise;
- When you elect to receive marketing communications from us;
- When you use our services;
- When you freely provide information to our coaches verbally or via text or email;
Data that is received from third parties
- Oh Happy Plants will receive Data about you from the following third parties:
- Advertising agents;
- Analytics services;
Data that is received from publicly available third party sources
- We will receive Data about you from the following publicly available third party sources:
- Any website that contains information you have posted online for the public to see and use, such as social media profiles, personal/professional websites, et cetera. We will use this data to improve our services to you personally. We may use non-identifying data in market research to improve our services overall.
Data that is collected automatically
- To the extent that you access the Website, we will collect your Data automatically, for example:
- We automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and may include your IP address, the date, times, and frequency with which you access the Website and the way you use and interact with its content.
- 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”.
Our use of Data
- Any or all of the above Data may be required by us from time to time in order 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:
- Internal record keeping;
- Improvement of our products/services;
- Transmission by email of marketing materials that may be of interest to you;
- Contact for market research purposes which may be done using email, telephone, or mail. Such information may be used to customize or update the Website;
- To research specific issues related to you and improve our services both for you and other clients;
- We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed “Your rights” below).
- For the delivery of direct marketing to you via email, we’ll need your consent, whether via an opt-in or soft opt-in:
- 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.
- 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.
- If you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed “Your rights” below.
- 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/or taking steps, at your request, to enter into such a contract.
- We may use your Data to show you advertisements and other content on other websites. If you do not want us to use your data to show you advertisements and other content on other websites, please turn off the relevant cookies (please refer to the section headed “Cookies” below).
Who we share Data with
- We may share your Data with the following groups of people for the following reasons:
- our employees, agents and/or professional advisors – only non-identifying information will be shared to obtain advice from relevant professionals. Identifying information will only be shared in this instance with express permission from client unless client is perceived to be a danger to self or others;
- third party service providers who provide services to us which require the processing of personal data – to help third party service providers in receipt of any shared data to perform functions on our behalf to help ensure the website runs smoothly;
- third party payment providers who process payments made over the Website or its linked services – to enable third party payment providers to process user payments and refunds;
- relevant authorities – to facilitate the detection of crime or the collection of taxes or duties, and only with a legal warrant;
Keeping Data secure
- We will use technical and organizational measures to safeguard your Data, for example:
- access to your account is controlled by a password and a user name that is unique to you.
- we store your Data on secure servers.
- All information is stored with third-party companies and is compliant with their information management security systems.
- Technical and organizational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorized access to your Data, please let us know immediately by contacting us via this email address: firstname.lastname@example.org.
- If you want detailed information from Get Safe Online on how to protect 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.
- Even if we delete your Data, it may persist on backup or archival media for legal, tax, or regulatory purposes.
- You have the following rights in relation to your Data:
- 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 with 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 to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
- Right to correct – the right to have your Data rectified if it is inaccurate or incomplete.
- Right to erase – the right to request that we delete or remove your Data from our systems.
- Right to restrict our use of your Data – the right to “block” us from using your Data or limit the way in which we can use it.
- Right to data portability – the right to request that we move, copy, or transfer your Data.
- Right to object – the right to object to our use of your Data including where we use it for our legitimate interests.
- To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this email address: email@example.com.
- If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner’s Office (ICO). The ICO’s contact details can be found on their website at https://ico.org.uk/.
- It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
Transfers outside the European Economic Area
This section applies to Data collected from those who reside in or purchase our services within the European Economic Area.
- Data which we collect from you will be stored and processed in and transferred to countries outside of the European Economic Area (EEA). Our servers and service providers may be located in a country outside the EEA, and our company is located outside the EEA. Further, professionals we interact with on behalf of our clients are also outside the EEA.
- We will comply with relevant location-specific laws regarding data transfer and storage, as they apply.
- To ensure that your Data receives an adequate level of protection, we have reviewed the policies and procedures of the third parties we share your Data with. We have put in place policies and procedures with professionals we consult with. We recommend you also review the policies of our service providers (listed below).
Links to other websites
Changes of business ownership and control
31-33. Oh Happy Plants will not sell or transfer control of any of your Data collected unless you are notified in advance.
- All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
- 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 the placing of Cookies, you are enabling us to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
- This Website may place the following Cookies:
Analytical/performance cookies: They allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies: These are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by name and remember your preferences, (for example, your choice of language or region).
Targeting cookies: These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
- You can find a list of Cookies that we use in the Cookies Schedule.
- You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
- You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalization settings.
- It is recommended that you ensure that your internet browser is up to date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
- For more information generally 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.
- 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.
- This Agreement will be governed by and interpreted according to the law of Washington State, USA. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the WA State courts.
You may contact Oh Happy Plants by email at firstname.lastname@example.org.
Below is a list of the cookies that we use. We have tried to ensure this is complete and up to date, but if you think that we have missed a cookie or there is any discrepancy, please let us know.
Analytical/performance, Functionality, and Targeting cookies: