Last updated and effective as of: July 11, 2018
Your provision of your personal information to us is completely voluntary. “Personal information” is information that can specifically identify you. We do not collect personal information unless you submit that information to us. Categories of personal information we may collect include:
• Identity Data, which includes name or other similar identifiers. • Contact Data, which includes address, email address and telephone numbers.
Additionally, we may also collect certain others types of information that, along with Identity Data and Contact Data, may be considered and specifically named “personal data” in certain jurisdictions, including the European Union (“EU”), such as:
• Financial Data, which includes credit card, debit card or other payment card details. • Transaction Data, which includes details about payments to and from you. • Technical Data, which includes internet protocol (IP) address, location data, your login data, and device and browser information. • Profile Data, which includes your username and password, avatar (if you upload one) and other info you share with us on our Website. • Usage Data, which includes information about how you use our Website and advertising we serve on those sites. • 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.
We use different methods to collect data from and about you including through:
Direct interactions: You may give us your information by registering or contacting us. This includes information you provide when you:
• create an account on our website; • subscribe to our service or publications; • purchase product(s) on our website(s) • 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 you. Some of the ways in which we or our website may collect are further described 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.
INFORMATION USE AND SHARING
Subject to the section titled “Additional EU Disclosures”, we use information held about you to perform our services and for other purposes outlined below. Specifically, we use your information for a variety of purposes:
• Where we need to perform the contract we are about to enter into or have entered into with you. • To perform specific services that you have requested. To respond to your direct inquiries. • 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. • To send you marketing materials (see below) • Where we need to comply with a legal or regulatory obligation.
Subject to the section titled “Additional EU Disclosures”, we may share the information we collect about you with certain third parties in the following ways:
• To use certain services on our website, payment card information may be requested. We may ask you for credit card, debit card, or other payment information. By submitting your payment information through our websites, to the extent permitted by applicable law, you expressly consent to the sharing of your information with third-party payment processors, and other third-party service providers. • 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 we are part of a bankruptcy proceeding or other change in control. • Third parties to whom we need to share your information to investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the policies for the website.
THIRD-PARTY LINKS AND SOCIAL NETWORKING SERVICES
The Website may integrate with social networking services. 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 information, and by using such services you assume the risk that the information provided by you may be viewed and used by third parties.
We have put in place appropriate security measures to prevent information about you from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed; however, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information provided online. We have put in place procedures to deal with any suspected data breach that will affect you and will notify you and any applicable regulator of a breach where we are legally required to do so.
We will only retain your information for as long as necessary to fulfill 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 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.
ADDITIONAL EU DISCLOSURES
OUR ROLE AS DATA CONTROLLER AND DATA PROCESSOR
Tree of Life Creative LLC generally acts as the data controller of your information submitted through our website.
If you are situated in the EU and have any complaints regarding our privacy practices as data controller, 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. Please see our contact details below in the section titled “Contact Us”. If you are situated in the EU and have a complaint, please contact our privacy manager at info@MyTreeofLife.com.
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.
LEGAL BASIS FOR OUR PROCESSING OF YOUR PERSONAL DATA
Below are the types of lawful basis that we will rely on to process your personal data:
• Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at info@MyTreeofLife.com • Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. • Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject.
CHANGE OF PURPOSE
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 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.
COLLECTION OF PERSONAL DATA FROM THIRD PARTY SOURCES
We also collect personal data about you from various third parties and public sources.
• If you register for our services using Facebook, Twitter or other social media sites, we may import your information from those social media sites. • As discussed above, we also obtain information through automated technologies (see section titled “Information Collection”)
OPTING OUT OF MESSAGES FROM US
To opt-out of any future promotional messages from us, you can do so by clicking the “unsubscribe” link at the bottom of our emails.
CROSS BORDER TRANSFERS
If you are a California resident this section applies to you. Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of personally identifiable information, such as name, email address and mailing address and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. Tree of Life Creative LLC does not disclose your information to any third parties.