PRIVACY POLICY

This privacy policy applies between you, the User of the Website, and Nourish and Be Ltd, the owner and provider of this Website. Nourish and Be Ltd takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.

Please read this privacy policy carefully.

Definitions and interpretation

  1. In this privacy policy, the following definitions are used:

Data - collectively, all information that you submit to Nourish and Be Ltd via the Website. This definition incorporates, where applicable, the definitions provided in the relevant Data Protection Laws;

Cookies - a small text file placed on your computer by the Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by the Website are set out in the ‘Cookies’ section below;

Data Protection Laws - any applicable law relating to the processing of personal Data, including but not limited to: (a) the UK General Data Protection Regulation (UK GDPR); (b) the Data Protection Act 2018; (c) the Privacy and Electronic Communications Regulations 2003 (PECR); and (d) where, and only to the extent that, we offer services to individuals located in the EU/EEA, the EU General Data Protection Regulation (EU GDPR).

GDPR - as the context requires: (a) the UK GDPR, which forms part of the law of the United Kingdom; and (b) where applicable, the EU GDPR.

Nourish and Be Ltd, we or us - Nourish and Be Ltd, a company incorporated in England and Wales with registered number 15281999 whose registered office is at 96 Harley Street Harley Street London W1G 7HY;

Cookie Law - PECR (Privacy and Electronic Communications Regulations 2003, as amended);

User or you - any third party that accesses the Website and is not either (i) employed by Nourish and Be Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Nourish and Be Ltd and accessing the Website in connection with the provision of such services; and

Website - the website that you are currently using, www.nourishandbe.co.uk, and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. In this privacy policy, unless the context requires a different interpretation:

  1. the singular includes the plural and vice versa;

  2. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;

  3. a reference to a person includes firms, companies, government entities, trusts and partnerships;

  4. "including" is understood to mean "including without limitation";

  5. reference to any statutory provision includes any modification or amendment of it; and

  6. the headings and sub-headings do not form part of this privacy policy.

Scope of this privacy policy

3. This privacy policy applies only to the actions of Nourish and Be Ltd and Users with respect to the Website. It does not extend to any websites that can be accessed from the Website including, but not limited to, any links we may provide to social media websites.

4. For purposes of the applicable Data Protection Laws, Nourish and Be Ltd is the "data controller". This means that Nourish and Be Ltd determines the purposes for which, and the manner in which, your Data is processed.

5. This privacy policy applies to all Users regardless of their location. We may receive personal data from individuals located in the United Kingdom or in other countries. Where we intentionally offer services to individuals located in the EU/EEA, or otherwise process their personal data in circumstances that bring us within the territorial scope of the EU GDPR, we will comply with the relevant obligations of the EU GDPR in addition to the UK GDPR. This does not mean we voluntarily submit to EU jurisdiction; it applies only where EU GDPR applies by law.

6. Nothing in this privacy policy should be interpreted as us voluntarily submitting to the laws of any non-UK jurisdiction. We will only comply with non-UK data protection laws where such compliance is automatically required by those laws in connection with our activities.

Data collected

7. We may collect the following Data, which includes personal Data, from you:

    1. name;

    2. date of birth;

    3. gender;

    4. contact information, such as email addresses and telephone numbers;

    5. demographic information, such as postcode, preferences and interests;

    6. optional information relating to your wellbeing, health, or goals that you may choose to provide, including via questionnaires. This constitutes special category data and will only be processed with your explicit consent or where otherwise permitted under Data Protection Laws;

in each case, in accordance with this privacy policy.

8. We may also collect personal data from Users located in any country when they access the Website or use our services. 

9. Our services are intended for adults, but we may process personal data relating to individuals under the age of 18 where this is provided to us by a parent or legal guardian. We do not knowingly collect personal data directly from anyone under the age of 18 without appropriate parental authorisation. 

How we collect Data

10. We collect Data in the following ways:

    1. Data is given to us by you; and

    2. Data is collected automatically.

Data that is given to us by you

11. Nourish and Be Ltd will collect your Data in a number of ways, for example:

    1. when you contact us through the Website, by telephone, post, e-mail or through any other means;

    2. when you complete surveys that we use for research purposes (although you are not obliged to respond to them);

    3. when you elect to receive marketing communications from us;

    4. when you use our services;

in each case, in accordance with this privacy policy.

Data that is collected automatically

12. To the extent that you access the Website, we will collect your Data automatically, for example:

    1. we automatically collect some information about your visit to the Website. This information helps us to make improvements to the Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.

    2. we will collect your Data automatically via Cookies, in line with the cookie settings on your browser. For more information about Cookies, and how we use them on the Website, see the section below, headed "Cookies".

Our use of Data

13. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:

    1. internal record keeping;

    2. improvement of our products/services;

    3. transmission by email of marketing materials that may be of interest to you;

    4. contact for market research purposes which may be done but is not exclusive to using telephone, post and e-mail. Such information may be used to customise or update the Website;

in each case, in accordance with this privacy policy.

14. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).

15. For the delivery of direct marketing to you via e-mail, we'll need your consent, whether via an opt-in or soft-opt-in:

  1. Soft opt-in applies only where: (i) we obtained your email address in the course of a sale, a negotiation for a sale, or where you have expressed an interest in purchasing our services; (ii) the marketing we send relates to our similar services; and (iii) you were given a clear opportunity to opt out both when your details were collected and in the marketing communications you receive from us.

  2. for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we'll provide.

  3. if you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed "Your rights" below.

16. We rely on the following lawful bases for processing personal data:

  1. to perform a contract with you or take steps at your request prior to entering into a contract;

  2. our legitimate interests (to operate, improve and promote our services, provided these do not override your rights);

  3. your consent, for example for direct marketing or for processing optional special category health data; 

  4. compliance with a legal obligation.

Keeping Data secure

17. As a microbusiness, Nourish and Be Ltd does not host or store personal data on its own servers. Our Website and related systems are provided by third-party service providers (such as Shopify or equivalent hosted platforms), who store personal data on secure servers and act as our data processors. We use appropriate technical and organisational measures to protect your personal data, including access controls (where the Website offers an account feature, access to such an account is controlled by a username and password that you choose), systems hosted by reputable third-party providers who represent that they apply appropriate security measures, and limiting who can access the tools we use. 

18. Where our service providers transfer data outside the UK (and, where applicable, outside the EU/EEA), to the best of our knowledge and based on the information made publicly available by those providers, those service providers implement appropriate safeguards for international transfers, such as standard contractual clauses or other lawful transfer mechanisms, as described in their own privacy policies.

19. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: helena@nourishandbe.co.uk

20. If you want detailed information on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

Data retention

21. We retain personal data only for as long as necessary for the purposes for which it was collected, taking into account legal, regulatory, accounting, and operational requirements.

22. Special category data (such as optional wellbeing information) is retained only for as long as necessary to provide our services.

23. As far as is practicable, we periodically review the personal data we hold and securely delete it when it is no longer required.

24. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.

Your rights

25. You have the following rights in relation to your Data:

    1. Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.

    2. Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.

    3. Right to erase - the right to request that we delete or remove your Data from our systems.

    4. Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which we can use it.

    5. Right to data portability - the right to request that we move, copy or transfer your Data.

    6. Right to object - the right to object to our use of your Data including where we use it for our legitimate interests.

26. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via helena@nourishandbe.co.uk

27. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/.

28. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.

Links to other websites

29. This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Changes of business ownership and control

30. Nourish and Be Ltd may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Nourish and Be Ltd. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.

31. We may also disclose Data to a prospective purchaser of our business or any part of it.

32. In the above instances, we will take steps with the aim of ensuring your privacy is protected.

Cookies

33. This Website may place and access certain Cookies on your computer. Nourish and Be Ltd uses Cookies to improve your experience of using the Website and to improve our range of products and services. Nourish and Be Ltd has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.

34. All Cookies used by this Website are used in accordance with current Cookie Law.

35. Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those cookies. By giving your consent to the placing of Cookies, you are enabling Nourish and Be Ltd to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.

36. The Website may place the following Cookies:

Type of Cookie - Strictly necessary cookies

Purpose - These are Cookies that are required for the operation of our Website. They include, for example, Cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.

37. You can find a list of Cookies that we use in the Cookies Schedule.

38. You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser.

39. You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.

40. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

41. If used, non-essential Cookies (including analytics Cookies) will only be set with your explicit consent. This may include technologies such as Meta Pixel, which track browsing behaviour for analytics or marketing purposes. These will only be activated where your consent has been registered through the cookie management tools provided by our Website platform.

42. For more information generally on Cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete Cookies from your computer.

General

43. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.

44. If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.

45. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

46. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English courts.

Changes to this privacy policy

47. Nourish and Be Ltd reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations. You may contact Nourish and Be Ltd by email at helena@nourishandbe.co.uk. 

Cookies Schedule

Below is a list of the Cookies that we use. We have tried to ensure this is complete and up to date, but if you think that we have missed a Cookie or there is any discrepancy, please let us know. This list may be updated periodically as the Website evolves. If any of the cookies listed below are not currently active on the Website, this schedule should be interpreted as illustrative only. Cookie usage may vary depending on the functionality enabled.

We use the following strictly necessary Cookies:

Description of Cookie - Sticky Cookie

Purpose - used for tracking, quick checkouts, member logins, and advanced product features