Privacy Policy

Last Updated: January 1, 2021

This Website is operated by HerbaCap Corp d.b.a. HerbaCap ("we" or "us"). The privacy policy below discloses our practices regarding information collection and usage solely for the website located at https://herbacap.com/ (the “Website”). This privacy policy does not apply to any other website or service provided by us, our affiliates or clients, unless it appears on such website or service.

What information do we collect and how do we collect it?

“Personal Information” is information that can specifically identify you. Categories of Personal Information we collect include:

• Identity Data, which includes name or other similar identifiers
• Contact Data, which includes address, email address and telephone numbers.
• Financial Data, which includes payment card details.

Additionally, we may also collect certain other types of information that, along with Identity Data, Contact Data, and Financial Data may be considered and specifically named “personal data” in certain jurisdictions, including the European Union (“EU”), such as:

• Transaction Data, which includes details about payments.
• Technical Data, which includes internet protocol (IP) address, your login data.
• Profile Data, which includes your username and password, information about your past purchases, loyalty rewards account information.
• Usage Data, which includes information about how you use our web site and services.
• Marketing and Communications Data, which includes your preferences in receiving marketing from us

IF YOU ARE SITUATED IN THE EU, PLEASE SEE THE SECTION “ADDITIONAL EU DISCLOSURES” THAT PERTAIN TO OUR COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW

Additionally, we may collect information that is not Personal Information (“Non-Personal Information”). We may aggregate Personal Information so that the aggregated information does not personally identify you or anyone else, such as by using Personal Information to calculate the percentage of our customers who live in a particular area ("Aggregate Information"). Because Non-Personal Information does not personally identify you, we may collect, use and disclose Non-Personal Information for any purpose permitted by law and subject to the section titled “Additional EU Disclosures”. In some instances, we may combine Non-Personal Information with Personal Information. If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information.

We use different methods to collect data from and about you including through:

Direct interactions: Generally, we do not collect Personal Information unless you submit that information to us. This includes information you provide when you:

• create an account on our Website;
• subscribe to our publications;
• make a purchase through our Website;
• seek employment with us
• respond to a survey;
• fill out a form
• request marketing to be sent to you; or
• give us feedback.

Automated technologies or interactions: As you interact with our Website, we may automatically collect Technical Data and Usage Data about your. Some of the ways in which we or our Website may collect are further described below:

• Cookies and other technologies: The Website may use cookies, a type of technology that installs a small amount of information on a website user’s computer or other device to permit a website to, for example, recognize future visits using that computer or device. The Website may use other similar technologies (including, without limitation, tracking pixels, as described further below, and other anonymous identifiers) to gather information about you, such as IP addresses and location data, to customize your visit, to enable us to enhance our service, or for other purposes. Please see our Cookie Policy for further details.
• Interest-Based Advertising: We may engage third-party vendors to use your information in connection with their own information to deliver targeted advertising to you when you visit our Website or other websites. Cookies, described above, may be used in this process. For example, if you are searching for information on a particular product, our vendor may cause an advertisement to appear on other websites you view with information on that product. This form of advertising is called “behavioral advertising”. We believe that such advertising is helpful because you will see ads that are relevant to your interests. However, if you would like to opt-out of these interest-based advertisements, please see the Opt-Out section below.
• Clickstream Data: As you use the Internet, a trail of electronic information is left at each website you visit. This information, sometimes referred to as "clickstream data," can be collected and stored by a website’s server. For example, clickstream data can tell the type of computer and browsing software you use and the address of the website from which you linked to the website. The Website may collect and use clickstream data as a form of aggregate information to anonymously determine how much time visitors spend on each page of our Website, how visitors navigate throughout the Website and how we may tailor our Website to better meet the needs of visitors. This information often will be used to improve our Website and our services. Any collection or use of clickstream data will be anonymous and aggregated, and will not intentionally contain any personal information.

How do we use and share your information?

Subject to the section titled “Additional EU Disclosures”, we use information held about you to perform our services and for other purposes outlined below. Any of the information we collect from you may be used in the following ways:

• To personalize your experience

(Your information helps us to better respond to your individual needs.)

• To improve our Website

(We continually strive to improve our Website offerings based on the information and feedback we receive from you.)

• To improve customer service

(Your information helps us to more effectively respond to your customer service requests and support needs.)

• To process transactions

(Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.)

• To administer a contest, promotion, survey or other Website feature
• To add you to our mailing lists and we may separately send you emails, including promotional emails, related to our respective products
• To operate the Website and provide you with information or services that you have requested e.g. a newsletter, bulletins
• To send you information, respond to inquiries, and/or other requests or questions
• To process and consider your job application

Subject to the section titled “Additional EU Disclosures”, we may also share your information with third parties such as website hosting, data analysis, payment processing, order fulfillment, infrastructure provision, information technology services, customer service, e-mail delivery services, credit card processing, auditing, training, and other similar services. These third parties may have access to Personal Information necessary to perform their functions.

We will not sell your information to any third party not affiliated with us without your consent except in connection with the sale or merger of our company or the division responsible for such services.

Additionally, we may disclose information and other information as we believe necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) for legitimate business interests.

We may use Aggregate Information and Non-Personal Information to improve and enhance your experience on the Website and for our market research activities. For example, and subject to section titled “Additional EU Disclosures”, we may share Aggregate Information and Non-Personal Information with unaffiliated third parties, such as business partners, manufacturers, distributors and retailers, in a form in which means the shared information will not contain nor be linked to any Personal Information.

Please note that if you specifically consent to additional uses of your Personal Information, we may use your Personal Information in a manner consistent with that consent. Finally, we reserve the right to supplement your information with information we gather from other sources which may include information we gather from online and offline sources.

How do we protect your information?

We take commercially reasonable measures to ensure that your information disclosed to us is kept secure however, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information provided online. We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Database to be only accessed by those authorized with special access rights to our systems, and are required to keep the information confidential. Credit card processing is done through our vendor Authorize.net.

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.

Where do we send your information?

Our Website is maintained in the United States of America (USA). By using the Website and providing us with personal data, you freely and specifically give us your consent to export your personal information to the USA and to store and use it in the USA as specified in this privacy policy. You understand that data stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA. If you are situated in the EU, whenever we transfer your personal data to processors outside of the EU, we ensure appropriate and suitable safeguards are used in such transfer.

How long do we keep your information?

We will only retain your information 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 your information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of your information, the purposes for which we process your information 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 Request erasure below for further information.

In some circumstances we may anonymize information about you (so that it can no longer be associated with you) for research or statistical purposes in which case we may use and retain this information indefinitely without further notice to you.

Third party links and social networking services

Occasionally, at our discretion, we may include or offer third party products or services on our Website or link to third party websites. These third party sites have separate and independent privacy policies. We do not operate or endorse these third party websites. We therefore have no responsibility or liability for the content and activities of these linked sites. This privacy policy does not apply to third party websites. When you link away from our Website, you do so at your own risk. We encourage you to read the policies and terms of every website you visit.

We may also integrate social networking services into the Website. You understand that we do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our Website, we are doing so merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly.

You should be aware that information which you voluntarily include and transmit online in a publicly accessible blog, social network or otherwise online may be viewed and used by others. We are unable to control such uses of your personal information, and by using such services you assume the risk that the personal information provided by you may be viewed and used by third parties.

Additional EU Disclosures

Data controller:

HerbaCap Corp d/b/a HerbaCap is the data controller of all personal data collected through our Website. To contact us, please see the section titled “Contacting Us”.

If you are situated in the EU and have any complaints regarding our privacy practices, you have the right to make a complaint at any time to your local Supervisory Authority. We would, however, appreciate the chance to deal with your concerns before you approach your Supervisory Authority so please contact us in the first instance. If you have a complaint, please contact our privacy manager at: info@herbacap.com.

Legal Basis:

We will only use your personal data as defined by the EU General Data Protection Regulation (“GDPR”) when the law allows us to. Most commonly, we will 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 you have consented to a certain use of your personal data.
• Where we need to comply with a legal or regulatory obligation.

To the extent permitted under applicable laws, we will also process, transfer, disclose and preserve personal data when we have a good faith belief that doing so is necessary.

Provision of personal data and failure to provide personal data:

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 our services). In this case, we will not be able to provide services to you.

Withdrawing your consent:

If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time. You have the right to withdraw your consent at any time by contacting us at info@herbacap.com.

Use of your personal data for marketing purposes:

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising:

• Promotional offers from us: We may use your personal 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, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or used our services and, in each case, you have not opted out of receiving that marketing.

To see how you can opt out of marketing communications, please see the section titled “Opt-Out”.

Data Subject Rights:

If you are a situated in the EU, under the GDPR as a data subject 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.

To exercise your rights under the GDPR, please contact us at info@herbacap.com. Please note that in order for you to assert these rights, we may need to verify your identity to confirm your right to access your personal data. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. In order to verify your identity, we may need to gather more personal data from you than we currently have.

Children’s Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not knowingly collect any information from anyone under 13 years of age. Our Website, products and services are not intended or designed to attract children under the age of 13 (or such other age as may be restricted under local law) and are all directed to people who are at least 18 years old or older. If we are made aware that we have received such information, or any information in violation of our policy, we will use reasonable efforts to locate and remove that information from our records. If you are under 13 years old and wish to ask a question or use this Website in any way which requires you to submit your personal information, please get your parent or guardian to do so on your behalf.

Opt-out Rights

Opting out of messages from us

To opt-out of any future promotional messages from us, you should send an unsubscribe request to us at info@herbacap.com or click Unsubscribe in the footer of any email message from us. We will process your request within a reasonable time after receipt

Opting out of interest based advertising

The online advertising industry provides a service through which you may opt-out of receiving targeted ads from certain data partners and other advertising partners that participate in self-regulatory programs. We comply with the Self-Regulatory Principles for Online Behavioral Advertising set forth by the Digital Advertising Alliance (DAA) and the European Interactive Digital Advertising Alliance (“EDAA”). You can opt-out of targeted advertising from certain providers at www.aboutads.info/consumers. You can opt-out of targeted advertising from certain providers at www.aboutads.info/consumers. Please note that by opting out, you will continue to see generic advertising that is not tailored to your specific interests and activities. To be clear, cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted out on your device browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device. EU residents who have provided their consent to our use of cookies and similar technologies can use the EDAA’s opt out tool which can be found at http://www.youronlinechoices.eu/.

Opting out of cookies

If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Website or some of its functionality may be affected. Cookies and similar items are not used by us to automatically retrieve personally identifiable information from your device without your knowledge. For more information about cookies, please visit our Cookie Policy

Online Privacy Policy Only

This online privacy policy applies only to information collected through our Website and not to information collected offline.

Terms and Conditions

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our Website.

Changes to our Privacy Policy

We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective when it is posted. If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically. Please look at the top of this page for the last updated date.

Contacting Us

If there are any questions regarding this privacy policy you may contact us by email at info@herbacap.com or using the information below.

HerbaCap

35 Normandy Rd

Yonkers, NY 10701

USA