Privacy Policy

This privacy policy is issued on behalf of Evergreen Botanicals (“the company”).

When we mention “we,” “us,” “our,” or “the company” in this privacy policy, we are referring to the company defined in clause 1.1 that is responsible for processing your data.

In this policy, references to “Data Protection Laws” mean any statutes, laws, legislation, regulations, or binding policies, codes of any government authority that relate to the security and protection of personally identifiable information, data privacy, trans-border data flow, or data protection in force from time to time in the United States, including but not limited to the Electronic Communications and Transactions Act 25 of 2002, the Promotion of Access to Information Act 2 of 2002, and/or any equivalent legislation of other jurisdiction(s) where Personal Information is being processed or where a party is obliged to comply with, including, where applicable, EU Data Protection Laws [General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data], as amended, replaced, or superseded from time to time.

In this policy, the use of any word, expression, term, or process of definition in this policy which has its meaning derived from the Protection of Personal Information Act 4 of 2003 (“POPIA”), including but not limited to “Personal Information,” “Responsible Party,” “Data Subject,” “Personal Information Breach,” “Information Regulator,” will be construed to mean the corresponding word, expression, term, or process or definition which has its meaning derived from GDPR or any applicable Data Protection Laws, such as “personal data,” “controller,” “data processor,” “process”/“processing,” “data subject,” “sub-processor,” “personal data breach,” “supervisory authority,” “commission,” or “member state.”

We collect information, content, and communications that you, a Data Subject, share with us when you visit our site, register for the purchase of our products, and/or correspond with us. Some of this information can be personal data/information (“Personal Information”).

We are a data controller of your Personal Information. This means that we are responsible for deciding how we hold and use Personal Information about you. We aim at all times to be transparent about how we use your data and Personal Information and to comply with applicable Data Protection Laws in making you aware of the information contained in this policy.

This policy will inform you about what data we collect from our customers, how we use such data, the circumstances where we may disclose this data to others, and how we keep it secure.

Any questions relating to this policy and our privacy practices should be sent to us using the contact details set out below.

THE INFORMATION WE COLLECT

We may collect, use, store, and transfer different kinds of information which you provide to us when you use our website, register for trialing and/or purchasing products, and in your correspondence with us. This may include your name, email, phone, address, credit card payment information, and any other information that you publicly or directly provide to us.

We do not knowingly collect or share:

  • Any Special Categories of Personal Information 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);
  • Any information about criminal convictions and offenses; or
  • Any information relating to children under the age of 13.

We are committed to respecting the privacy of children online. If we learn that our systems have inadvertently collected information relating to children under the age of 13, we will promptly delete the information, notify the necessary customer representatives to facilitate a consultation on how this data was collected, and put measures in place for it not to happen again.

HOW WE COLLECT, PROCESS, AND STORE YOUR DATA

We collect and process your Personal Information that you provide to us when you register on our website, purchase products, or correspond with us.

WHY WE NEED THIS INFORMATION ABOUT YOU

We use the Personal Information we collect about you to:

  • Provide our services to you. This includes registering you, creating an account for you, processing your orders, delivering products to you, corresponding with you when you have questions, complaints, or wish to cancel an order, and marketing new products to you in the future.
  • Our legitimate interests for processing data are in order to provide our services and products to our customers.
  • We also use the data in related or ancillary ways to the services and products that we offer. For example, we may use the data to comply with our legal obligations or enforce our rights, including the legal obligations or enforcement of rights of third parties. We may also use the data to improve our service and product offering.

SHARING OF YOUR DATA

We may share your data with selected third parties, including our business partners, suppliers, and sub-contractors (for example, delivery of products to you), for the performance of our services. We may also disclose your data to other third parties. For example, if we sell or buy any business or assets, we may disclose your data to the prospective seller or buyer of such business or assets. Alternatively, if we or substantially all of our assets are acquired by a third party, your data may be part of the transferred assets.

If any third party processes any of your data, we ensure there are sufficient contractual and operational safeguards protecting your data.

In respect of your data, we will not:

  • Sell or license your data; or
  • Directly or indirectly transfer any of your data to any ad network, data broker, or other advertising or monetization-related service.

We are not accountable for the faulty practices deployed by third-party websites or social media platforms.

DATA SECURITY

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

DISCLOSURE OF PERSONAL INFORMATION

We will:

  • Use your data in accordance with this privacy policy.
  • Treat your Personal Information as confidential. However, we may disclose your data to other third parties for the purposes set out below or for any additional purposes approved by you:
    • Service Providers: Service providers who provide IT, hosting, and systems administration services.
    • Professional Advisors: Professional advisors, including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance, and accountancy services.
    • Authorities: Regulators and other authorities.
    • Joint Venture Parties: If our organization enters into a joint venture with or is sold to or merged with another organization, your information may be disclosed to our new business partners or owners.

We require all third parties, including specifically our customers, to respect the security of your data and to treat it in accordance with Data Protection Laws.

HOW LONG WE WILL KEEP YOUR INFORMATION

We review our data retention periods regularly and will only hold your data for as long as is necessary for the relevant activity or as required by law (we may be legally required to hold some types of information). However, if you request that we delete your data, we will delete your data from our system, provided it is not in contravention of any laws or current legislation.

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

YOUR RIGHTS

Under Data Protection Laws, you have the following rights in connection with your Personal Information, which can be exercised in certain circumstances:

  • Request access to your Personal Information (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Information we hold about you and to check we are lawfully processing it.
  • Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information 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 Information where you have exercised your right to object to processing (see below).
  • Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party). You also have the right to object where we are processing your Personal Information for direct marketing purposes.
  • Request the restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of Personal Information about you, for example, if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your Personal Information to another party. We will provide you or a third party you have chosen with your Personal Information in a structured, commonly used, machine-readable format.
  • Withdraw your consent where we are relying on consent to process your Personal Information. 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.

If you would like to exercise any of your rights above, please contact us at [email protected] and provide us with your full details (including name, telephone number, address, and email) and the precise nature of your request and/or grievance.