PRIVACY POLICY

PURPOSE OF OUR POLICY

Welcome to Macacha’s Privacy Policy.

Macacha respects your privacy and is committed to protecting your personal data. This Privacy Policy will inform you how we look after your personal data when you visit our website (regardless of where you visit it from) and use our services and tell you about your privacy rights and how the law protects you.

We have adopted this Privacy Policy to ensure that we have standards in place to protect the data that we collect about individuals that is necessary and incidental to:

  • providing the products and services that Macacha offers; and
  • the normal day-to-day operations of our business,

through your use of the website at https://www.macacha.co and its associated sub-domains (the “Website”), including any personal data you may provide through the Website when you sign up to our newsletter, purchase any product or take part in a competition.

By publishing this Privacy Policy we aim to make it easy for our users, customers and the public to understand what data we collect, process and store, why we do so, how we receive and/or obtain that information, and the rights an individual has with respect to their data in our possession.

It is important that you read this Privacy Policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements the other notices and is not intended to override them.

CONTROLLER

Macacha Health Limited (company number 09413454) (collectively referred to as “Macacha”, “we”, “us” or “our” in this Privacy Policy) is the data controller (for the purposes of the General Data Protection Regulation 2016/679 (“GDPR”)) in respect of certain personal data provided by customers and prospective customers via the Website and by email and by third parties, including suppliers, provided through a variety of methods.

If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact us using the details set out below.

Full name of legal entity: Macacha Health Limited (company number 09413454)

Postal address: 1 Long Lane, London, England, SE1 4PG

Email address: hola@macacha.co

You have the right to make a complaint at any time to the Information Commissioner's Office (the “ICO”), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

WHO AND WHAT THIS POLICY APPLIES TO

We handle data in our own right and also for and on behalf of our customers and prospective customers. This Privacy Policy applies to all forms of information, physical and digital, whether collected or stored electronically or in hardcopy.

If, at any time, an individual provides data or other information about someone other than himself or herself, the individual warrants that they have that person’s consent to provide such information for the purpose specified.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

The Website and Macacha’s products and services are not intended nor available to children (persons under the age of 18 years), and we do not knowingly collect data relating to children.

THE INFORMATION WE COLLECT

In the course of our business it is necessary for us to collect personal data (or personal information). This information allows us to identify who an individual is for the purposes of our business, share data when asked of us, contact the individual in the ordinary course of business and transact with the individual. Personal data does not include data where the identity has been removed (anonymous data).

Without limitation, we may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes name.
  • Contact Data includes billing address, shipping address, email address and telephone number (allowing us to contact the individual).
  • Financial Data includes bank account and payment card details (allowing us to transact with the individual and provide them with our services). 
  • Transaction Data includes details about payments to and from you and other details of products you have purchased from us. 
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Website.
  • Profile Data includes your username and password, purchases made by you, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use the Website and our services such as the full uniform resource locations (URL) clickstream to, through and from the Website (including date and time), pages you viewed or searched for, page response times, download errors, length of visits of certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. 
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

HOW INFORMATION IS COLLECTED

Most information will be collected in association with an individual’s use of the Website, Macacha’s products and services, an enquiry about Macacha or generally dealing with us. However, we may also receive data from other sources such as advertising, an individual’s own promotions, public records, mailing lists, contractors, staff, recruitment agencies and our business partners (such as Facebook or Twitter). In particular, information is likely to be collected as follows:

  • Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
    • complete a form on our Website (such as creating an account and becoming a member with us, purchasing a product as a guest user and signing up to a newsletter);
    • request marketing to be sent to you;
    • grant access to your user accounts with our business partners (such as Facebook or Twitter);
    • enter a competition, promotion or survey; or
    • give us some feedback. 
  • Automated technologies or interactions. As you interact with our Website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
    • Technical Data from the following parties:
  • analytics providers;
  • advertising networks; and
  • search information providers.
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
  • Identity and Contact Data from publicly availably sources such as Companies House.

As there are many circumstances in which we may collect information both electronically and physically, we will endeavour to ensure that an individual is always aware of when their data is being collected.

INTERNATIONAL TRANSFERS

Some of our external third parties are based outside of the European Economic Area (EEA). The data that we collect from you may be transferred to, processed, and/or stored at, a destination outside the EEA with these external third parties. It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services.

Where we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
  • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA. By submitting your personal data, you agree to this transfer, storing or processing.

We will not disclose an individual’s data to any entity outside of the United Kingdom that is in a jurisdiction that does not have a similar regime to the Act or an implemented and enforceable privacy policy similar to this Privacy Policy. We will take reasonable steps to ensure that any disclosure to an entity outside of the United Kingdom will not be made until that entity has agreed in writing with us to safeguard data as we do.

WHEN DATA IS USED

We will only use your personal data when the law allows us to. Most commonly, we will only use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email. You have the right to withdraw consent to marketing at any time by contacting us.

The purpose of collection is determined by the circumstances in which the information was collected and/or submitted. We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a new customer

(a) Identity

(b) Contact

Performance of a contract with you

To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

(c) Investigate any complaints about or made by you

(d) Investigate whether you have breached any of our terms and conditions or if you have been engaged in any unlawful activity

(e) Addressing any customer services requests you may have through publicly posting about Macacha on social media

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated, to study how customers use our products/services, and to monitor and influence public opinion of Macacha)

To provide you with information on products and/or services that you have indicated are of interest to you, or which we reasonably believe are of interest to you

(a) Identity

(b) Contact

(c) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to provide services to clients and/or candidates)

To enable you to partake in a prize draw, competition or complete a survey

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To administer and protect our business and the Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity

(b) Contact

(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant Website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve the Website, products/services, marketing, customer relationships and experiences

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about products or services that may be of interest to you

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

Necessary for our legitimate interests (to develop our products/services and grow our business)

 

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purposes is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

WHEN DATA IS DISCLOSED

It may be necessary for us to disclose an individual’s data to third parties set out below in a manner compliant with GDPR in the course of our business, such as for processing activities like website hosting, for the purposes set out in the table above.

  • External Third Parties which include processors in the following categories:
    • Payments and liquidity providers
    • Analytics
    • Advertising
    • Customer Service
    • Hosting – this includes Website hosting. Our online store via the Website is hosted by Shopify Inc. (“Shopify”) who provide us with the online e-commerce platform that allows us to sell our products and services to you. Please refer to their privacy policy and terms and conditions in regards to how your personal data is used and processed. 
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Policy.
  • As required by any law (including the Act) including court orders, and/or where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of.

We may sell data derived from usage of the Website and views and downloads of pages, profiles and adverts on the Website which will always be in aggregated and anonymised form to customers, purchasers and retailers.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

We will not disclose or sell an individual’s data to unrelated third parties under any circumstances unless we employ other companies to perform tasks on our behalf and we need to share your information with them to provide products and services to you.THIRD PARTY ACCOUNTS

The Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave the Website, we encourage you to read the privacy policy of every website you visit.

We may also link your account with a third party (such as Facebook or Twitter) to our services to enable certain functionality, which allows us to obtain information from those accounts (including your profile picture, friends or contacts). The information we may obtain from those services often depends on your settings or their privacy policies.

COOKIES POLICY

Our Website uses cookies to distinguish you from other users of the Website. This helps us to provide you with a good experience when you browse the Website and also allows us to improve the Website. By continuing to browse the Website, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive. You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies.

If you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the Website.

We use the following cookies:

  • Strictly necessary cookies. These are cookies that are required for the operation of the Website. They include, for example, cookies that enable you to log into secure areas of the Website. If you block these cookies, the Website will not operate properly.
  • Analytical/performance cookies. These cookies allow us to recognise and count the number of visitors and to see how visitors move around the Website when they are using it. This helps us to improve the way the Website works, for example, by ensuring that users are finding what they are looking for easily.
  • Functionality cookies. These are used to recognise you when you return to the Website. This enables us to personalise our content for you, greet you by name, remember your preferences, content and relationships with other users.
  • Targeting cookies. These cookies record your visit to the Website, the pages you have visited and the links you have followed. We will use this information to make the Website and any advertising displayed or offers made are more relevant to your interests. We may also share this information with third parties for this purpose.

Please note that External Third Parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

If you are unclear about the types or function of the cookies we use, please contact us for more information.

OPTING “IN” OR “OUT”

An individual may opt to not have us collect their data and communicate with them. This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us. They will be aware of this when:

  • Opting In. Where relevant, the individual will have the right to choose to have information collected and/or receive information from us; or
  • Opting Out. Where relevant, the individual will have the right to choose to exclude himself or herself from some or all collection of information and/or receiving information from us or third parties by following the opt-out links on any marketing message sent to you or by contacting us or the third party at any time.

 You will have the option to opt-in and/or opt-out in relation to the following services:

  • We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You may withdraw any consent given to receive direct marketing communications from us by clicking the opt-out link in any marketing email or by contacting us.
  • Third party marketing. We will get your express opt-in consent before we share your personal data with any other company for marketing purposes.
  • Promotional offers from us. We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, offers and services may be relevant for you. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You may withdraw your consent to receive direct marketing communications from us by clicking the opt-out link in any marketing email or by contacting us.

 You may receive marketing communications from us if you have requested information from us or purchased goods from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

 If an individual believes that they have received information from us that they did not opt in or out to receive, they should contact us on the details below.


THE SAFETY & SECURITY OF DATA

 We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so. This includes appropriately securing our physical facilities and electronic networks.

The security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. Each individual that provides information to us via the internet or by post does so at their own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, data where the security of information is not within our control.

We are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual’s data to in accordance with this policy or any applicable laws). The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.

If an individual suspects any misuse or loss of, or unauthorised access to, their data, they should let us know immediately.

We are not liable for any loss, damage or claim arising out of another person’s use of the data where we were authorised to provide that person with the data.

DATA RETENTION

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances, you can ask us to delete your data: see Erasure Request below for further information. In some circumstances, we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

You have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

COMPLAINTS AND DISPUTES

If an individual has a complaint about our handling of their data, they should address their complaint in writing to the details set out above.

If we have a dispute regarding an individual’s data, we both must first attempt to resolve the issue directly between us.

If we become aware of any unauthorised access to an individual’s data we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.

ADDITIONS TO THIS POLICY

If we decide to change this Privacy Policy, we will post the changes on our website at www.macacha.co/privacy. It is your responsibility to refer back to this Privacy Policy to review any amendments.

We may do things in addition to what is stated in this Privacy Policy to comply with GDPR and nothing in this Privacy Policy shall deem us to have not complied with GDPR.