Terms and Conditions

Terms and Conditions, Disclaimers and Privacy Policy

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Terms & Conditions

Heart of Herbs Herbal School/ Demetria Clark Education LLC’s Website Privacy Policy and Terms of Conditions

School and Company refer to Heart of Herbs Herbal School

The term Student refers to the website user.

Introduction

These are the Terms and Conditions and Privacy Policy governing the use of Heart of Herbs Herbal School/ Demetria Clark Education LLC’s website, www.heartofherbs.com, and www.heartofherbs.net; by using these websites, you accept these terms and conditions in full. If you don’t agree with these terms and conditions or any part of these terms and conditions, you must not use this website.

Enrollees must 18 years of age to use this website. By using this website and by consenting to these terms and conditions, you guarantee and designate that you are at least 18 years of age. Children under 18 years of age need parental permission to access courses and resources.

Privacy Policy

Here at the Heart of Herbs Herbal School/ Demetria Clark Education LLC, we respect the Student’s privacy and will take steps to preserve the data and personal information. We will not use or distribute student information with anyone except as outlined in this Privacy Policy. 

We reserve the right to renew this privacy policy as needed. 

Collected Data 

With enrollment into one of the online courses, we collect personal information. The Student provides this at checkout, including name, shipping address, billing address, username, phone number, email address, credit card, along with any other data you provide in your user/student account. 

We also have the means to collect information when you subscribe to a newsletter or email list, student social media group, engage in a survey, competition, or special promotion, request customer or student support, or send us your personal information directly. Students need to confirm when being added to the email list. We will not just add you.

Use of Information

We use this information to fulfill your enrollment and to document your registration as a student. We will not exchange or redistribute your information to anyone or business.

Email Marketing

You may also yourself to our general mailing list using the forms provided on our website. 

You have the ability to opt-out of our emails at any time. All emails provide an unsubscribe link for you to exclude yourself from our mailing list. 

Use of Cookies

This website utilizes cookies. Cookies are data files stored on the hard drive or in a computer, mobile, tablet, or device memory that help enhance the enrollment experience. The primary purpose of a cookie is to identify users and potentially provide customized Web pages or to save information. Cookies store items in a site’s shopping cart. Most web browsers automatically set to accept cookies by default. You can remove browser cookies from your machine, at any point. By accessing this website and one agrees to these terms and conditions, the student, user, reader consents to Heart of Herbs Herbal School/ Demetria Clark Education LLC’s use of cookies following the terms of Heart of Herbs Herbal School/ Demetria Clark Education LLC’s privacy policy.

Security of Data

Student Account data and credit card information for your enrollment, which is stored with the credit card processor. Data is obtained using SSL technology (secure socket layer). 

By consenting to the privacy policy, you are allowing us to process your data specifically for the objectives named here. To receive information about personal information, to make adjustments to this personal information, or to exclude yourself from our records, contact the Heart of Herbs Herbal School/ Demetria Clark Education LLC. 

Legal information

Citizens of the European Union are entitled to specific information and have special rights under the General Data Protection Regulation. Those rights include:

We will maintain any information you choose to give to us until: 

(a) you ask us to remove the information

(b) our decision to stop using our existing data providers 

(c) the School determines that the costs of retaining it outweigh the value in maintaining the data.

You have the right to ask access to your data that the school stores and the rights to both correct or delete your data.

You have the right to seek limitations on the processing of personal data.

You have the right to object to the management of your data and the right to the portability of your data.

To the degree that you provided consent to the School’s processing of your personal data, you have the power to withdraw that consent at any time, without changing the lawfulness of processing based upon consent that happened prior to your withdrawal of consent.

You have the right to lodge a grievance with a supervisory authority that has jurisdiction over issues linked to the General Data Protection Regulation.

We ask only the information that is reasonably required to enter into a contract with you. We will not ask you to provide consent for any additional processing as a condition of entering into a contract with us.

School and Owner

Heart of Herbs Herbal School/ Demetria Clark Education LLC, PO Box 575, Bokeelia, FL 33922

enrollments@heartofherbs.com

Changes to This Privacy Policy

The School reserves the right to alter this privacy policy at any time without notice. It is strongly suggested to check this page often, referencing the date of the last adjustment listed at the bottom. If a User opposes to any of the modifications to the Policy, the User must cease utilizing this Application and can request that the School removes the Personal Data. Unless noted otherwise, the then-current privacy policy applies to all Personal Data the School has about Users.

Copyright

The Heart of Herbs Herbal School/ Demetria Clark Education LLC owns the intellectual property rights in the website and material on the website. Unless otherwise specified, the whole contents of the website and the underlying technology and supportive framework, to include but not limited to images, text, audio files, video files, digital downloads, data compilation, or course code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Heart of Herbs Herbal School/ Demetria Clark Education LLC and is protected by copyright law, other intellectual property or proprietary rights. These collective works include all works that are licensed to Heart of Herbs Herbal School/ Demetria Clark Education LLC/ Demetria Clark. Copyright © 1998-2020. All rights reserved.

Website Usage License

The Heart of Herbs Herbal School/ Demetria Clark Education LLC owns the intellectual property and copyright rights in the website and materials on the website. If we do not own, it will be otherwise specified. Subjected to the license here, all these intellectual property rights are reserved.

You, the Student, may view, download, and print pages from the website for your own private use, subject to the limitations, and detailed outlined below and elsewhere in these terms and conditions. 

You must not:

  • Republish materials from this website.
  • Sell, rent or sub-license education and other materials from the website;
  • Show any content from the website in public forums to include social media.
  • Copy, duplicate, reproduce or otherwise utilize material on this website, and other websites owned by Demetria Clark Education LLC, for commercial purposes;
  • Edit or otherwise alter any materials on the website, student forums, and groups, or
  • Redistribute material from this website (excepting content clearly and expressly made accessible for redistribution).

Acceptable Usage

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software. Students will maintain up to date virus protection software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or concerning this website without Heart of Herbs Herbal School/ Demetria Clark Education LLC’s express written consent.

Students must not use this website, classroom, student groups to transmit or send unsolicited commercial messages or communications.

You must not use this website, student groups for any purposes related to marketing without Heart of Herbs Herbal School/ Demetria Clark Education LLC’s express written consent.

Course Access

Students have access to their course/s for the lifetime of that course. Students can upon enrollment download and save course materials to have for themselves for as long as they desire.

Restricted Access

Access to certain areas of this website is restricted. Heart of Herbs Herbal School/ Demetria Clark Education LLC reserves the right to restrict access and limit to areas of this website, or the entire website, at Heart of Herbs Herbal School/ Demetria Clark Education LLC’s discretion.

If Heart of Herbs Herbal School/ Demetria Clark Education LLC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. Your access will be revoked if you sell, distribute, or share your username or password.

Heart of Herbs Herbal School/ Demetria Clark Education LLC may disable or change your user ID and password in the Heart of Herbs Herbal School/ Demetria Clark Education LLC’s sole discretion advance without notification or explanation.

User Content

Found in these terms and conditions, “your user content” “user account” means material (to include without limitation text, images, audio materials, video materials, presentations, and audio-visual materials) that you submit to this website, for whatever objective or purpose.

You allow to Heart of Herbs Herbal School/ Demetria Clark Education LLC a worldwide, irrevocable, permanent, non-exclusive, royalty-free license to use, copy, reproduce, adapt, publish, translate and distribute your user content in any current or future media. You also confer to Heart of Herbs Herbal School/ Demetria Clark Education LLC the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be unlawful or illegal, owned by another, or must not infringe any third party’s legal rights, and must not be able of giving rise to legal action whether upon you or Heart of Herbs Herbal School/ Demetria Clark Education LLC or a third party (in each case under any applicable law). 

You must not submit any user content, assignments, blog posts, or articles to the website that is or has ever been the subject of any threatened or real legal proceedings or other similar complaints.

Heart of Herbs Herbal School/ Demetria Clark Education LLC reserves the right to edit or remove any material submitted to this website, or stored on Heart of Herbs Herbal School/ Demetria Clark Education LLC servers, or hosted or published upon this website.

Blog Contributor Content

By submitting blog Articles to the Heart of Herbs Herbal School/ Demetria Clark Education LLC, writers as a result of this assign to Heart of Herbs Herbal School/ Demetria Clark Education LLC all exclusive rights to distribute and publish the blog articles, student articles, and all previously submitted articles of students and writers, on the Heart of Herbs Herbal School/ Demetria Clark Education LLC website, unless otherwise specified in writing. 

No Warranties or Guarantees

This website is offered “as is” without any representations or warranties, expressed, suggested or implied. Heart of Herbs Herbal School/ Demetria Clark Education LLC makes no representations or warranties concerning this website or the information, data, and materials provided on this website. 

All content on the website is offered to students on an “as is” “as available” basis without warranty of any sort expressed or implied, including but not limited to implied warranties of merchantability, or fitness for a particular purpose. Heart of Herbs Herbal School/ Demetria Clark Education LLC makes no warranty as to the efficiency, accuracy, completeness, or reliability of any content available through the website. You are responsible for confirming any information before relying on or using it. 

Use of the website and the content accessible on the website is at your individual risk. The information included on this site is not designated to be a substitute or replacement for medical treatment or diagnosis. All persons should consult their primary health care provider prior to taking or relying upon any herbal product or service, particularly women who are pregnant or nursing, infants, children, and persons with identified medical conditions.

Without prejudice to the generality of the preceding paragraph, Heart of Herbs Herbal School/ Demetria Clark Education LLC does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate, or non-misleading.

Through this website, you can access links to other websites which are not under the control of the Heart of Herbs Herbal School/ Demetria Clark Education LLC. We have no control over the nature, content, and availability of those sites. The inclusion of any links does not necessarily signify a recommendation, or character reference, or endorse the views expressed within them.

Limitations of Liability 

Heart of Herbs Herbal School/ Demetria Clark Education LLC will not be liable to you (whether under the law of contact, the law of torts or otherwise) concerning the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss, or corruption of information or data.

These limitations of liability apply even if Heart of Herbs Herbal School/ Demetria Clark Education LLC has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit Heart of Herbs Herbal School/ Demetria Clark Education LLC’s liability in respect of any:

  • Death or personal injury caused by Heart of Herbs Herbal School/ Demetria Clark Education LLC’s negligence;
  • Fraud or fraudulent misrepresentation on the part of Heart of Herbs Herbal School/ Demetria Clark Education LLC; or
  • the matter which it would be illegal or unlawful for the School to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, and students groups you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability entity, Heart of Herbs Herbal School/ Demetria Clark Education LLC has an interest in limiting the personal liability of its officers, contractors, and employees. You agree that you will not bring any claim personally against Heart of Herbs Herbal School/ Demetria Clark Education LLC’s officers, contractors, or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Heart of Herbs Herbal School/ Demetria Clark Education LLC’s officers, employees, agents, subsidiaries, successors, assigns, and contractors, and sub-contractors as well as Heart of Herbs Herbal School/ Demetria Clark Education LLC.

Unenforceable Provisions 

If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Heart of Herbs Herbal School/ Demetria Clark Education LLC and undertake to keep Heart of Herbs Herbal School/ Demetria Clark Education LLC indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by Heart of Herbs Herbal School/ Demetria Clark Education LLC to a third party in settlement of a claim or dispute on the advice of Heart of Herbs Herbal School/ Demetria Clark Education LLC’s legal advisers) incurred or suffered by Heart of Herbs Herbal School/ Demetria Clark Education LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these Terms and Conditions

Without prejudice to Heart of Herbs Herbal School/ Demetria Clark Education LLC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Heart of Herbs Herbal School/ Demetria Clark Education LLC may take such action as Heart of Herbs Herbal School/ Demetria Clark Education LLC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your Internet service provider to request that they block your access to the website, and/or bringing court proceedings against you.

Variations

Heart of Herbs Herbal School/ Demetria Clark Education LLC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Refund Policy for Paid Online Programs (eLearning), Distance Learning.

There are no refunds for online programs, distance-learning or workshops, events, or media events.

Course Time Access and Expiration Date Policy

Students must begin their program(s) within three months of purchase. Should students be enrolled in multiple programs, they must remain active in their studies with no more than 12-month breaks between courses. Appropriate notice will be given to all active students if the Heart of Herbs Herbal School/ Demetria Clark Education LLC foresees course closure. From the time the Heart of Herbs Herbal School/ Demetria Clark Education LLC announces the closure of the School, students must finish their program(s) within the allotted course access period of the cessation notice from the announcement date. We can refuse extensions if students fail to notify us in the proper amount of time.

Students can access course materials after course completion and at times, will be able to obtain updates and bonuses. 

Payment Plans

Payment plans are made to students in good faith. If they do not complete the agreed upon payment plan we reserve the right to take appropriate action. If students do not complete the payment plan and ask to re-enroll at a later date they will need to start the payment plan again. We do not guarantee re-activation of a payment plan that is more than 2 months overdue.

Course Transfers

Students may not transfer enrollment from one course to another. Students can not transfer their enrollment to another person. If the login is shared students can be terminated from the program. 

Major Course Updates

The Heart of Herbs Herbal School/ Demetria Clark Education LLC may expand existing course materials and do regular updates. When possible, currently enrolled students may have the choice to transfer into expanded courses and upon doing so, will be charged an administrative fee to cover the cost of the increased course development and content.

Technical Support

Our programs work standard platforms, we do not do students tech support, email, pdf, or word program support. Students will need to be able to open PDFs, MP4, MP3, Word, Excel, and PowerPoint Presentations. Standard free programs exist for students to use. We can’t guarantee your computer, tablet, phone or other device will work, that is the responsibility of the student. Students may need to make sure their device has appropriate programs or devices.

Instructor Roles

Heart of Herbs Herbal School/ Demetria Clark Education LLC associates and course instructors share their experience and knowledge through online courses and blog articles. Information shared by instructors should not be misunderstood or distorted as medical advice. It should not be misconstrued as a reason to not seek appropriate medical care.

Community Group, Email, and Student Group Policies

The Heart of Herbs Herbal School/ Demetria Clark Education LLC Forums and Community Groups provides a community for students to share tips, projects, and ideas, as well as news that might be of interest to the Heart of Herbs Herbal School/ Demetria Clark Education LLC community. The forums are not an appropriate place to seek medical advice or answers to homework or exam questions. Members are expected to be polite, courteous, considerate, and use good internet etiquette when communicating with other members in the Heart of Herbs Herbal School/ Demetria Clark Education LLC. Online Students will be removed for racist, homophobic, violent, or inappropriate content in our group or on our business page, these types of communication will not be tolerated. Information shared and discussed on Heart of Herbs Herbal School/ Demetria Clark Education LLC groups are not intended to be a substitute for medical treatment or diagnosis. 

By joining the Heart of Herbs Herbal School/ Demetria Clark Education LLC’s Forum or Community Groups, you agree to engage in courteous discourse, polite interaction with all members and refrain from providing or asking for medical advice, personal attacks, uncordial comments, and other negative dialogue. Not abiding by these and other guidelines outlined in the groups or Heart of Herb’s social media posts will lead to your removal from the group.

We have a NO HATE policy, posters that are racist, homophobic, ableist, ageist, etc.. can have posts removed, or themselves removed from their group and program if needed.

Disclaimers

Heart of Herbs Herbal School Disclaimers

Heart of Herbs Herbal School

Health Disclaimer

Multiple users and students have already encountered herbal medicine’s positive effect on their health, that is often why you are here, to learn more. We hope that through our programs and blog articles, shared resources, and educational bonuses, you gain tools to take an even more significant role in your well-being. However, please note that due to legal parameters and time constraints, our team cannot give you individual health advice, or advice for your friends and family.

Students and website users are encouraged to address health-related issues and questions in the public and private forums (in the classroom, via email or Facebook Groups), bulletin boards, or blog posts or articles, and to provide their insights, practices, and experiences. Nevertheless, the comments of students and website users are subjective and do not represent Heart of Herbs Herbal School or Demetria Clark.

 No forum posts or website comments should be regarded as health advice or in place of consultation. You are accountable for consulting and notifying your health team or a medical professional before using any new herb or remedy, or essential oil blend or formulation mentioned in the website or any forum related to the school.

The information and data on our website and in our online courses is for educational objectives only. Although we try our utmost to present useful and reliable information, you are accountable for researching and verifying the information before relying on or using it. We are trained herbalists and aromatherapists and not licensed or registered healthcare practitioners or providers. We cannot and do not diagnose health conditions, nor prescribe medicines legally; we are not medical doctors. However, we will recommend or suggest medicinal herbs for various health ailments, as we believe in the safety and effectiveness of botanical medicines.

The information and knowledge we provide and share is not meant to be a replacement for medical care or treatment. Consult your medical health care provider before using any essential oils or herbal medicine, particularly if you have a known medical condition or if you are pregnant or nursing.

You are responsible for your health. As with conventional medicine, herbal medicine is vast and complex and must be used responsibly. People respond uniquely to different remedies. Some herbs or essential oils are contraindicated with certain pharmaceutical medications or other herbs and essential oils. 

Further, some helpful herbs may be confused with harmful and/or deadly substances. 

Numerous plants and mushrooms that can make you ill, or are dangerously poisonous or lethal. Being 100% of your identification before you harvest any plant or mushroom, is necessary. Additionally, sometimes, a new food even accurately identified and used, can cause an unusual reaction – spanning from digestive issues or intolerance to a full-blown allergy. It is your responsibility to ensure you are harvesting the correct plant or mushroom, and it is your choice to try any new food. We cannot be responsible for incorrect identification or reactions to plants or fungi.

You are responsible for your own choices. This includes but is not limited to the consumption, application, or other use of alcohol or any poisonous, toxic, or allergenic substance. Topical uses can also cause allergic reactions, please use with responsible research. If you are not of legal age to consume alcohol, Heart of Herbs Herbal School advises that you refrain from the purchase, using, or use of alcohol in your education. If you elect to disregard such advice, you do so at your own risk, and the School accepts no liability or responsibility relating to or resulting from your actions.

Heart of Herbs Herbal School cannot predict how a remedy will work for you or your body’s needs. Always refer to your medical care provider for questions about your health.

Earnings Disclaimer

Upon addressing financial matters in our classroom, websites, videos, lectures, newsletters, or other content, we’ve taken every effort to ensure we truthfully represent our programs and its ability to raise your business and overall improve your life. Though there is no guarantee that you will get any outcomes or earn any money using any of our ideas, tools, strategies, or recommendations, these are tools for you to use for yourself. This is not a get rich scheme, a pyramid or other type of sales program. Nothing on our sites is a promise or guarantee of earnings. Your level of success in attaining similar results is dependent upon many factors, including your skills, knowledge, ability, dedication, business savvy, network, skills and acumen, financial situation, to name a few. Because these factors differ according to individuals, we cannot and do not guarantee your success, income level, or ability to earn income or revenue.

You alone are responsible for your actions and results for your life and in business. Any forward-looking reports outlined on our Sites are simply our opinions and thus are not assurances, guarantees, or promises for the actual performance of yourself or your company, business, consultation, or practice. It should be clear to you that by law we make no guarantees that you will achieve any results from our thoughts and ideas or models accessible on our Sites, and we offer no professional legal, medical, psychological, or financial advice.

No Professional Advice

The information contained in or made available within our educational materials, classrooms, lectures and sites (including but not limited to, the information provided on articles, videos, message boards, groups, comments, on coaching calls, office calls, meetings, in emails, in text files, or in chats) cannot replace or substitute for the services of trained professionals or licensed professionals in any field, including, but not limited to, business, financial, medical, psychological, or legal matters. See appropriate advice and guidance for those services.

To be precise, you should regularly consult a doctor, midwife, primary care provider, or appropriate care professional in all matters relating to physical, emotional, or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary, or other damages that may result, including but not limited to economic loss, injury, illness, or death. You alone are responsible and accountable for your decisions, actions, and occurs in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

Privacy Policy

We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Demetria Clark Education, LLC – Heart Of Herbs. The use of the Internet pages of the Demetria Clark Education, LLC – Heart Of Herbs is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Demetria Clark Education, LLC – Heart Of Herbs. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, the Demetria Clark Education, LLC – Heart Of Herbs has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

1. Definitions

The data protection declaration of the Demetria Clark Education, LLC – Heart Of Herbs is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this data protection declaration, we use, inter alia, the following terms:

a)    Personal data

Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b) Data subject

Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

c)    Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d)    Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

e)    Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

f)     Pseudonymisation

Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

g)    Controller or controller responsible for the processing

Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

h)    Processor

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i)      Recipient

Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

j)      Third party

Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

k)    Consent

Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and Address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

Demetria Clark Education, LLC – Heart Of Herbs

2005 Wagon Trail Rd. Ridgeway, VA 24148

Phone: 8663034372

Email: demetria@demetria.com

Website: www.heartofherbs.com  & heartofherbs.net 

3. Cookies

The Internet pages of the Demetria Clark Education, LLC – Heart Of Herbs use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the dats subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, the Demetria Clark Education, LLC – Heart Of Herbs can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.

4. Collection of general data and information

The website of the Demetria Clark Education, LLC – Heart Of Herbs collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, the Demetria Clark Education, LLC – Heart Of Herbs does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Demetria Clark Education, LLC – Heart Of Herbs analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. Registration on our website

The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.

By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.

The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.

The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.

6. Subscription to our newsletters

On the website of the Demetria Clark Education, LLC – Heart Of Herbs, users are given the opportunity to subscribe to our enterprise’s newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.

The Demetria Clark Education, LLC – Heart Of Herbs informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise’s newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.

During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.

The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.

7. Newsletter-Tracking

The newsletter of the Demetria Clark Education, LLC – Heart Of Herbs contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the Demetria Clark Education, LLC – Heart Of Herbs may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.

Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. The Demetria Clark Education, LLC – Heart Of Herbs automatically regards a withdrawal from the receipt of the newsletter as a revocation.

8. Contact possibility via the website

The website of the Demetria Clark Education, LLC – Heart Of Herbs contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

9. Comments function in the blog on the website

The Demetria Clark Education, LLC – Heart Of Herbs offers users the possibility to leave individual comments on individual blog contributions on a blog, which is on the website of the controller. A blog is a web-based, publicly-accessible portal, through which one or more people called bloggers or web-bloggers may post articles or write down thoughts in so-called blogposts. Blogposts may usually be commented by third parties.

If a data subject leaves a comment on the blog published on this website, the comments made by the data subject are also stored and published, as well as information on the date of the commentary and on the user’s (pseudonym) chosen by the data subject. In addition, the IP address assigned by the Internet service provider (ISP) to the data subject is also logged. This storage of the IP address takes place for security reasons, and in case the data subject violates the rights of third parties, or posts illegal content through a given comment. The storage of these personal data is, therefore, in the own interest of the data controller, so that he can exculpate in the event of an infringement. This collected personal data will not be passed to third parties, unless such a transfer is required by law or serves the aim of the defense of the data controller.

10. Subscription to comments in the blog on the website

The comments made in the blog of the Demetria Clark Education, LLC – Heart Of Herbs may be subscribed to by third parties. In particular, there is the possibility that a commenter subscribes to the comments following his comments on a particular blog post.

If a data subject decides to subscribe to the option, the controller will send an automatic confirmation e-mail to check the double opt-in procedure as to whether the owner of the specified e-mail address decided in favor of this option. The option to subscribe to comments may be terminated at any time.

11. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

12. Rights of the data subject

a) Right of confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

b) Right of access

Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
the purposes of the processing;
the categories of personal data concerned;
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
the existence of the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, any available information as to their source;
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

c) Right to rectification

Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

d) Right to erasure (Right to be forgotten)

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data have been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Demetria Clark Education, LLC – Heart Of Herbs, he or she may, at any time, contact any employee of the controller. An employee of Demetria Clark Education, LLC – Heart Of Herbs shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Demetria Clark Education, LLC – Heart Of Herbs will arrange the necessary measures in individual cases.

e) Right of restriction of processing

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Demetria Clark Education, LLC – Heart Of Herbs, he or she may at any time contact any employee of the controller. The employee of the Demetria Clark Education, LLC – Heart Of Herbs will arrange the restriction of the processing.

f) Right to data portability

Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact any employee of the Demetria Clark Education, LLC – Heart Of Herbs.

g) Right to object

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

The Demetria Clark Education, LLC – Heart Of Herbs shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

If the Demetria Clark Education, LLC – Heart Of Herbs processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Demetria Clark Education, LLC – Heart Of Herbs to the processing for direct marketing purposes, the Demetria Clark Education, LLC – Heart Of Herbs will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Demetria Clark Education, LLC – Heart Of Herbs for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may contact any employee of the Demetria Clark Education, LLC – Heart Of Herbs. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling

Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the Demetria Clark Education, LLC – Heart Of Herbs shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the Demetria Clark Education, LLC – Heart Of Herbs.

i) Right to withdraw data protection consent

Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Demetria Clark Education, LLC – Heart Of Herbs.

13. Data protection provisions about the application and use of Facebook

On this website, the controller has integrated components of the enterprise Facebook. Facebook is a social network.

A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.

The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

With each call-up to one of the individual pages of this Internet website, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by the data subject.

If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.

Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.

The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by the data subject to eliminate a data transmission to Facebook.

14. Data protection provisions about the application and use of Google AdSense

On this website, the controller has integrated Google AdSense. Google AdSense is an online service which allows the placement of advertising on third-party sites. Google AdSense is based on an algorithm that selects advertisements displayed on third-party sites to match with the content of the respective third-party site. Google AdSense allows an interest-based targeting of the Internet user, which is implemented by means of generating individual user profiles.

The operating company of Google’s AdSense component is Alphabet Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

The purpose of Google’s AdSense component is the integration of advertisements on our website. Google AdSense places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Alphabet Inc. is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google AdSense component is integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google AdSense component for the purpose of online advertising and the settlement of commissions to Alphabet Inc. During the course of this technical procedure, the enterprise Alphabet Inc. gains knowledge of personal data, such as the IP address of the data subject, which serves Alphabet Inc., inter alia, to understand the origin of visitors and clicks and subsequently create commission settlements.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Alphabet Inc. from setting a cookie on the information technology system of the data subject. Additionally, cookies already in use by Alphabet Inc. may be deleted at any time via a web browser or other software programs.

Furthermore, Google AdSense also uses so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in web pages to enable a log file recording and a log file analysis through which a statistical analysis may be performed. Based on the embedded tracking pixels, Alphabet Inc. is able to determine if and when a website was opened by a data subject, and which links were clicked on by the data subject. Tracking pixels serve, inter alia, to analyze the flow of visitors on a website.

Through Google AdSense, personal data and information—which also includes the IP address, and is necessary for the collection and accounting of the displayed advertisements—is transmitted to Alphabet Inc. in the United States of America. These personal data will be stored and processed in the United States of America. The Alphabet Inc. may disclose the collected personal data through this technical procedure to third parties.

Google AdSense is further explained under the following link https://www.google.com/intl/en/adsense/start/.

15. Data protection provisions about the application and use of Google Analytics (with anonymization function)

On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

For the web analytics through Google Analytics the controller uses the application “_gat. _anonymizeIp”. By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.

Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.

The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.

In addition, the data subject has the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics through a JavaScript, that any data and information about the visits of Internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by the data subject or any other person who is attributable to their sphere of competence, or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.

16. Data protection provisions about the application and use of Google+

On this website, the controller has integrated the Google+ button as a component. Google+ is a so-called social network. A social network is a social meeting place on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Google+ allows users of the social network to include the creation of private profiles, upload photos and network through friend requests.

The operating company of Google+ is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.

With each call-up to one of the individual pages of this website, which is operated by the controller and on which a Google+ button has been integrated, the Internet browser on the information technology system of the data subject automatically downloads a display of the corresponding Google+ button of Google through the respective Google+ button component. During the course of this technical procedure, Google is made aware of what specific sub-page of our website was visited by the data subject. More detailed information about Google+ is available under https://developers.google.com/+/.

If the data subject is logged in at the same time to Google+, Google recognizes with each call-up to our website by the data subject and for the entire duration of his or her stay on our Internet site, which specific sub-pages of our Internet page were visited by the data subject. This information is collected through the Google+ button and Google matches this with the respective Google+ account associated with the data subject.

If the data subject clicks on the Google+ button integrated on our website and thus gives a Google+ 1 recommendation, then Google assigns this information to the personal Google+ user account of the data subject and stores the personal data. Google stores the Google+ 1 recommendation of the data subject, making it publicly available in accordance with the terms and conditions accepted by the data subject in this regard. Subsequently, a Google+ 1 recommendation given by the data subject on this website together with other personal data, such as the Google+ account name used by the data subject and the stored photo, is stored and processed on other Google services, such as search-engine results of the Google search engine, the Google account of the data subject or in other places, e.g. on Internet pages, or in relation to advertisements. Google is also able to link the visit to this website with other personal data stored on Google. Google further records this personal information with the purpose of improving or optimizing the various Google services.

Through the Google+ button, Google receives information that the data subject visited our website, if the data subject at the time of the call-up to our website is logged in to Google+. This occurs regardless of whether the data subject clicks or doesn’t click on the Google+ button.

If the data subject does not wish to transmit personal data to Google, he or she may prevent such transmission by logging out of his Google+ account before calling up our website.

Further information and the data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/. More references from Google about the Google+ 1 button may be obtained under https://developers.google.com/+/web/buttons-policy.

17. Data protection provisions about the application and use of Google-AdWords

On this website, the controller has integrated Google AdWords. Google AdWords is a service for Internet advertising that allows the advertiser to place ads in Google search engine results and the Google advertising network. Google AdWords allows an advertiser to pre-define specific keywords with the help of which an ad on Google’s search results only then displayed, when the user utilizes the search engine to retrieve a keyword-relevant search result. In the Google Advertising Network, the ads are distributed on relevant web pages using an automatic algorithm, taking into account the previously defined keywords.

The operating company of Google AdWords is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.

The purpose of Google AdWords is the promotion of our website by the inclusion of relevant advertising on the websites of third parties and in the search engine results of the search engine Google and an insertion of third-party advertising on our website.

If a data subject reaches our website via a Google ad, a conversion cookie is filed on the information technology system of the data subject through Google. The definition of cookies is explained above. A conversion cookie loses its validity after 30 days and is not used to identify the data subject. If the cookie has not expired, the conversion cookie is used to check whether certain sub-pages, e.g, the shopping cart from an online shop system, were called up on our website. Through the conversion cookie, both Google and the controller can understand whether a person who reached an AdWords ad on our website generated sales, that is, executed or canceled a sale of goods.

The data and information collected through the use of the conversion cookie is used by Google to create visit statistics for our website. These visit statistics are used in order to determine the total number of users who have been served through AdWords ads to ascertain the success or failure of each AdWords ad and to optimize our AdWords ads in the future. Neither our company nor other Google AdWords advertisers receive information from Google that could identify the data subject.

The conversion cookie stores personal information, e.g. the Internet pages visited by the data subject. Each time we visit our Internet pages, personal data, including the IP address of the Internet access used by the data subject, is transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.

The data subject may, at any time, prevent the setting of cookies by our website, as stated above, by means of a corresponding setting of the Internet browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a conversion cookie on the information technology system of the data subject. In addition, a cookie set by Google AdWords may be deleted at any time via the Internet browser or other software programs.

The data subject has a possibility of objecting to the interest based advertisement of Google. Therefore, the data subject must access from each of the browsers in use the link www.google.de/settings/ads and set the desired settings.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.

18. Data protection provisions about the application and use of Instagram

On this website, the controller has integrated components of the service Instagram. Instagram is a service that may be qualified as an audiovisual platform, which allows users to share photos and videos, as well as disseminate such data in other social networks.

The operating company of the services offered by Instagram is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, UNITED STATES.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which an Instagram component (Insta button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding Instagram component of Instagram. During the course of this technical procedure, Instagram becomes aware of what specific sub-page of our website was visited by the data subject.

If the data subject is logged in at the same time on Instagram, Instagram detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Instagram component and is associated with the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, then Instagram matches this information with the personal Instagram user account of the data subject and stores the personal data.

Instagram receives information via the Instagram component that the data subject has visited our website provided that the data subject is logged in at Instagram at the time of the call to our website. This occurs regardless of whether the person clicks on the Instagram button or not. If such a transmission of information to Instagram is not desirable for the data subject, then he or she can prevent this by logging off from their Instagram account before a call-up to our website is made.

Further information and the applicable data protection provisions of Instagram may be retrieved under https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.

19. Data protection provisions about the application and use of Twitter

On this website, the controller has integrated components of Twitter. Twitter is a multilingual, publicly-accessible microblogging service on which users may publish and spread so-called ‘tweets,’ e.g. short messages, which are limited to 280 characters. These short messages are available for everyone, including those who are not logged on to Twitter. The tweets are also displayed to so-called followers of the respective user. Followers are other Twitter users who follow a user’s tweets. Furthermore, Twitter allows you to address a wide audience via hashtags, links or retweets.

The operating company of Twitter is Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, UNITED STATES.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a Twitter component (Twitter button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding Twitter component of Twitter. Further information about the Twitter buttons is available under https://about.twitter.com/de/resources/buttons. During the course of this technical procedure, Twitter gains knowledge of what specific sub-page of our website was visited by the data subject. The purpose of the integration of the Twitter component is a retransmission of the contents of this website to allow our users to introduce this web page to the digital world and increase our visitor numbers.

If the data subject is logged in at the same time on Twitter, Twitter detects with every call-up to our website by the data subject and for the entire duration of their stay on our Internet site which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Twitter component and associated with the respective Twitter account of the data subject. If the data subject clicks on one of the Twitter buttons integrated on our website, then Twitter assigns this information to the personal Twitter user account of the data subject and stores the personal data.

Twitter receives information via the Twitter component that the data subject has visited our website, provided that the data subject is logged in on Twitter at the time of the call-up to our website. This occurs regardless of whether the person clicks on the Twitter component or not. If such a transmission of information to Twitter is not desirable for the data subject, then he or she may prevent this by logging off from their Twitter account before a call-up to our website is made.

The applicable data protection provisions of Twitter may be accessed under https://twitter.com/privacy?lang=en.

20. Data protection provisions about the application and use of YouTube

On this website, the controller has integrated components of YouTube. YouTube is an Internet video portal that enables video publishers to set video clips and other users free of charge, which also provides free viewing, review and commenting on them. YouTube allows you to publish all kinds of videos, so you can access both full movies and TV broadcasts, as well as music videos, trailers, and videos made by users via the Internet portal.

The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, UNITED STATES. The YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a YouTube component (YouTube video) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding YouTube component. Further information about YouTube may be obtained under https://www.youtube.com/yt/about/en/. During the course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our website was visited by the data subject.

If the data subject is logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our Internet site was visited by the data subject. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.

YouTube and Google will receive information through the YouTube component that the data subject has visited our website, if the data subject at the time of the call to our website is logged in on YouTube; this occurs regardless of whether the person clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desirable for the data subject, the delivery may be prevented if the data subject logs off from their own YouTube account before a call-up to our website is made.

YouTube’s data protection provisions, available at https://www.google.com/intl/en/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.

21. Payment Method: Data protection provisions about the use of PayPal as a payment processor

On this website, the controller has integrated components of PayPal. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which represent virtual private or business accounts. PayPal is also able to process virtual payments through credit cards when a user does not have a PayPal account. A PayPal account is managed via an e-mail address, which is why there are no classic account numbers. PayPal makes it possible to trigger online payments to third parties or to receive payments. PayPal also accepts trustee functions and offers buyer protection services.

The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.

If the data subject chooses “PayPal” as the payment option in the online shop during the ordering process, we automatically transmit the data of the data subject to PayPal. By selecting this payment option, the data subject agrees to the transfer of personal data required for payment processing.

The personal data transmitted to PayPal is usually first name, last name, address, email address, IP address, telephone number, mobile phone number, or other data necessary for payment processing. The processing of the purchase contract also requires such personal data, which are in connection with the respective order.

The transmission of the data is aimed at payment processing and fraud prevention. The controller will transfer personal data to PayPal, in particular, if a legitimate interest in the transmission is given. The personal data exchanged between PayPal and the controller for the processing of the data will be transmitted by PayPal to economic credit agencies. This transmission is intended for identity and creditworthiness checks.

PayPal will, if necessary, pass on personal data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfill contractual obligations or for data to be processed in the order.

The data subject has the possibility to revoke consent for the handling of personal data at any time from PayPal. A revocation shall not have any effect on personal data which must be processed, used or transmitted in accordance with (contractual) payment processing.

The applicable data protection provisions of PayPal may be retrieved under https://www.paypal.com/us/webapps/mpp/ua/privacy-full.

22. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

23. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

24. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

25. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

26. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

This Privacy Policy has been generated by the Privacy Policy Generator of the External Data Protection Officers that was developed in cooperation with the Media Law Lawyers from WBS-LAW.

Text Opt-Out
  1. When opted-in, you will receive text messages (SMS/MMS) to your mobile number. These kinds of messages may include offers, coupons, or other information.
  2. You can opt-out of this service at any time. Just text “STOP” to the phone number. After you text “STOP” to us, we may send you an SMS reply to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time or text “START” or “JOIN” and we will start sending SMS messages to you again.
  3. If you are experiencing any issues, you can reply with the keyword “HELP”. Or, you can get help directly from us: https://www.heartofherbs.com/contact-us/
  4. Carriers, such as AT&T, are not liable for delayed or undelivered messages.
  5. Message and data rates may apply for any messages sent to you from us and to us from you. You should expect to receive no more than 15  messages per month from us.
  6. Please contact your wireless provider if you have any questions about your text plan or data plan.
  7. If you have any questions regarding privacy, please read our privacy policy: https://www.heartofherbs.com/terms-and-conditions