1.1 PURPOSE OF THIS PRIVACY NOTICE

This privacy notice aims to give you information on how Neom collects and processes your personal data you provide to us, including any data you may provide through this website when you sign up to our newsletter, purchase a product or take part in a competition.

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

1.2 DATA CONTROLLER

Neom Ltd is the controller and responsible for your personal data (collectively referred to as ”company”, “we”, “us” or “our” in this privacy notice). We are registered with the Information Commissioner. Our registration number is ZA279104.We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

1.3 OUR CONTACT DETAILS

1. Our full details are:
2. Neom Ltd (Company Number 05127949)
3. For the attention of the Data Privacy Manager
4. Email address: info@neomwellbeing.com
5. Postal address: Central House, Beckwith Knowle, Otley Rd, Harrogate, HG3 1UG
6. Telephone number: 01423 803237

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

1.4 CHANGES TO THE PRIVACY NOTICE

This version was last updated on 20 April 2020. Our historic privacy policy can be obtained by contacting us.

1.5 YOUR DUTY TO INFORM US OF CHANGES

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

1.6 THIRD-PARTY LINKS

Our website may include links to third-party websites, plug-ins and applications. We currently link to Feefo, Facebook, twitter, Google, Instagram and YouTube on the blog section of our website (and we will update this as and when we change this list). Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

2.1 THE DATA WE PROCESS

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, maiden name, last name or surname, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
  Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you and other details of products you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
• Profile Data includes your username and encrypted password, purchases or orders made by you, your interests, preferences, feedback and survey responses. This can also include demographic information, such as your post code, preferences and other interests.
• Usage Data includes information about how you use our website and products.
• Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.

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

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

Passwords
Please note that we do not store your password in plain text. It is encrypted and so we are unable to see what your password is. We can process a request to re-set your password if you have forgotten it.

2.2 IF YOU FAIL TO PROVIDE PERSONAL DATA

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

HOW IS YOUR PERSONAL DATA COLLECTED?

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

3.1          Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• purchase our products;
• visit one of our shops;
• create an account on our website;
• subscribe to our newsletter or publications;
• engage with us on social media;
• take part in a consumer perception study;
• enter a competition, promotion or survey; or
• give us some feedback.

3.2          Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.

3.3          Third parties or publicly available sources. We may receive personal data about you from various third parties with whom we may partner with.

• Technical Data from analytics providers or search information providers such as Google based outside the EEA.
• Contact, Financial and Transaction Data from providers of technical, payment and delivery services based inside or outside the EEA. For example, we may deliver products to a customer outside the EEA.
• Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the EEA.
• Occasionally we will work with third party vendors who will sell our products on our behalf and we will process the orders. We may also partner with other companies who may obtain personal data and share it with us.

4. HOW WE USE YOUR PERSONAL DATA

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

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

Where you give your consent to any of our processing, you have the right to withdraw consent at any time by contacting us at info@neomwellbeing.com.

4.1 PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA  

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

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

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a new customer

(a) Identity

(b) Contact

Performance of a contract with you

To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you

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

To manage our relationship with you which will include:

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

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

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products)

To take part in a consumer perception study

(a) Identity

(b) Contact

(c ) Profile

(a) With your consent

(b) Necessary for our legitimate interests (to develop products that our customers wish to purchase in the future)

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

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you

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

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

(a) Identity

(b) Contact

(c) Technical

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

(b) Necessary to comply with a legal obligation

To send you transactional e-mails about your attempted purchase and / or to help you complete your purchase at your leisure

(a) Identity

(b) Contact

(c) Technical

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to assist you finalising an order to buy from us)

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

(a) Identity

(b) Contact

(c) Technical

(d) Profile

(e) Usage

(f) Marketing and Communications

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

To use data analytics to improve our website, products, customer services marketing, customer relationships and experiences

(a) Technical

(b) Usage

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

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

(a) Identity

(b) Contact

(c) Transaction

(d) Technical

(e) Profile

(f) Usage

(g) Marketing and Communications

(a) With your consent

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

4.2 COMMUNICATIONS PREFERENCES   

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.   If you would like to inform us of your preferences, please contact us at info@neomwellbeing.com.

4.3 PROMOTIONAL OFFERS FROM US  

We may use your Identity, Contact, Transaction, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

If you are not an existing customer of ours, but you wish to obtain our wellbeing updates, you must sign up to receive these e-mail updates.

If you have an account with us or you have purchased products from us you will receive marketing communications from us if you have not opted out of receiving that marketing.

4.5 OPTING OUT  

If you do not wish to receive marketing communications from us, you can unsubscribe at any time via the link in an e-mail you received, or by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by contacting us at info@neomwellbeing.com at any time.

Where you opt out of receiving these marketing messages, we will still continue to hold your personal data provided to us as a result of a product purchase, warranty registration, product experience or other transactions.

4.6 COOKIES  

We use various analytics tools to log when users visit specific pages or take specific actions on our website; this allows us to provide targeted advertising through Google and third party vendors to display Neom products that you may be interested in based on your past browsing history. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. You can also opt out should you not want to receive remarketing ads by visiting Google Ads Settings page or alternatively by visiting the Network Advertising Initiative opt out page. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie policy here. 

4.7 CHANGE OF PURPOSE  

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

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

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

5. DISCLOSURES OF YOUR PERSONAL DATA

We may share your personal data with the:

• External Third Parties as set out in the Glossary.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

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

6. WHERE YOUR PERSONAL DATA MAY BE PROCESSED

Sometimes we need to share your personal data with third parties outside the European Economic Area (EEA). The EEA consists of all EU Member States as well as Norway, Iceland and Liechtenstein.   

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

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

7. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

If you have any questions about security of our website, please contact us at info@neomwellbeing.com.  

8. DATA RETENTION

8.1  HOW LONG WILL NEOM USE MY PERSONAL DATA FOR?   

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. At the end of that retention period, your data will be either deleted or completely anonymised (as discussed further below).

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see section 9, “Request erasure” below for further information.

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

9. YOUR LEGAL RIGHTS

You have various rights under data protection laws in relation to your personal data. Please see the Glossary (“Your Legal Rights”) and our data subject access request policy for more about these rights: 

• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us at info@neomwellbeing.com.

9.1 NO FEE USUALLY REQUIRED  

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

9.2 WHAT WE MAY NEED FROM YOU  

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

9.3 TIME LIMIT TO RESPOND  

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

9.4 DIRECT MARKETING

You have the right to ask us to stop the use of your personal data for direct marketing activity through all channels and we must always comply with your request. If we have shared your details with any third parties, we will also ensure that we advise those third parties of your request.

10. KLARNA

In order to offer you Klarna’s payment methods, we might in the checkout pass your personal data in the form of contact and order details to Klarna, in order for Klarna to assess whether you qualify for their payment methods and to tailor those payment methods for you. Your personal data transferred is processed in line with Klarna’s own privacy notice.

11. CALIFORNIA RESIDENTS

If you are a California resident, this section applies.  All other provisions of this Privacy Policy will also apply to you subject to the provisions of this Section 10. 

With certain legal exceptions and limitations, you may exercise the following rights by e-mailing info@neomwellbeing.com or by calling our Customer Care Team and asking to speak to the Data Privacy Manager.

Access. You have the right to request information about the categories and specific Personal Data we have collected about you, the sources of Personal Data, the purpose for collecting the Personal Data, the categories of third parties to whom we have sold your Personal Data or shared it for a business purpose and the types of Personal Data sold or shared.  You may also request information about any third parties with whom we have shared your Personal Data for those third parties’ direct marketing purposes.  You may request this information at the contact information above.

Deletion. You may request that we delete your Personal Data.

Right to Opt Out of Sale. We do not currently sell any Personal Data to third parties.   

We will not discriminate against you, in any manner prohibited by applicable law, for exercising these rights.

Certain browsers may provide individuals with the ability to communicate that they wish not to be tracked while browsing on the Internet. We currently do not have the ability to respond to such “Do Not Track” signals. Additionally, we do not currently enable third parties to collect personally identifiable information about an individual consumer’s online activities over time and across different websites when a consumer uses this website.

12. GLOSSARY

11.1 LAWFUL BASIS  

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Consent  means that the data subject’s clear and unambiguous consent; this must be requested in an intelligible and easily accessible form, using clear and plain language and where it is required  in writing, it is clearly distinguishable from any other matters which may also be referred to. Consent can be withdrawn by the data subject at any time.

11.2 THIRD PARTIES  

EXTERNAL THIRD PARTIES  

• Service providers acting as processors who:
• Help us with our IT and our systems administration services (including hosting).
• Operational companies, who help us with our order fulfilment such as delivery partners and courier companies. Please note that we supply our products directly to customers in the jurisdictions listed on our website (the list of which is updated from time to time), some of which are outside the EEA. Where your order is required to be delivered to you outside of the EEA, we will share your data with third parties in order to deliver your product to you.
• Direct marketing companies, who help us manage our electronic communications to you and companies that carry out data analysis and survey/research work.
• Rakuten Marketing to track affiliate marketing activity. This is based on your acceptance of cookies. 
• Rakuten Advertising may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection, use and sale of your personal data and your rights, please use the below links.
• Privacy policy: https://rakutenadvertising.com/legal-notices/services-privacy-policy/
• Your rights: https://rakutenadvertising.com/legal-notices/services-privacy-rights-request-form/
• Google and Facebook to show you products that might interest you whilst you’re browsing the internet. This is based on either your marketing consent or your acceptance of cookies. See our Cookies Policy for further information.

Please contact us at info@neomwellbeing.com if you would like an up to date list of all our data processors.   

• Professional advisers (acting as processors where access to personal data is necessary) including lawyers, bankers, auditors and insurers based in the jurisdictions in which we operate who provide consultancy, banking, legal, insurance and accounting services. We take advice in relation to supplying our products to consumers and other corporate customers in all countries in which we operate.  
• HM Revenue & Customs, regulators and other authorities (acting as processors or controllers in their own right) based in the United Kingdom who require reporting of processing activities in certain circumstances.

11.3 YOUR LEGAL RIGHTS  

You have the right to: 

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

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

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

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

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

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

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