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Privacy Policy & Cookie

Kany’s Garden is committed to respecting and protecting our customer’s privacy. We only use the information that we collect about you lawfully in accordance with the GDPR and Data Protection Act 2018.

This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting Kany's Garden you are accepting and consenting to the practices described in this policy.

We may change this Policy from time to time, so please check this page occasionally to ensure that you’re happy with any changes. 

Any questions regarding this Policy and our privacy practices should be sent by email to info@kanysgarden.com .

For the purpose of the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) (the Regulation), the data controller is Kany Ltd. In this document, “we”, “our”, or “us” refer to Kany’s Garden.

Who we are

We are Kany Ltd. Registered in England No. 11611278. 

Our registered office is at:
Kany LTD
18C Oliver Grove
London
SE25 6EJ
United Kingdom


Contractual Obligation

When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.
In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.

We may use it in order to:

• verify your identity for security purposes
• sell products to you
• provide you with our services
• provide you with suggestions and advice on products, services and how to obtain the most from using our website

We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.

Additionally, we may aggregate this information in a general way and use it to provide class information, for example to monitor our performance with respect to a particular service we provide. If we use it for this purpose, you as an individual will not be personally identifiable.

Marketing: from time to time we will contact you with information regarding promotions, recipes and new products via e-communications. You will have the choice to opt in or opt out of receiving such communications by indicating your choice at the checkout stage. You will also be given the opportunity on every e-communication that we send you to indicate that you no longer wish to receive our direct marketing material.

We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

What personal data do we collect about you?

We collect personal data from you when you provide it to us directly and through your use of the Site. This information may include:

• Identity Data includes first name, last name, username or similar identifier, title.
• 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 and services 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 password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our website, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

You can choose to opt out of any email marketing by clicking on the unsubscribe box online.

Information We Collect

a. Information we process with your consent

Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, our products and services, you provide your consent to us to process information that may be personal information.

Wherever possible, we aim to obtain your explicit consent to process this information, for example, by asking you to agree to our use of cookies.

Sometimes you might give your consent implicitly, such as when you send us a message by e-mail to which you would reasonably expect us to reply.

Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally. We may aggregate it in a general way and use it to provide class information, for example to monitor the performance of a particular page on our website.

If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.

We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.

b. Information we process for the purposes of legitimate interests

We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.

Where we process your information on this basis, we do after having given careful consideration to:

• whether the same objective could be achieved through other means
• whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so.

For example, we may process your data on this basis for the purposes of:

• record-keeping for the proper and necessary administration of our business
• responding to unsolicited communication from you to which we believe you would expect a response
• protecting and asserting the legal rights of any party
• insuring against or obtaining professional advice that is required to manage business risk

c. Information we process because we have a legal obligation

We are subject to the law like everyone else. Sometimes, we must process your information in order to comply with a statutory obligation.
For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

When do we collect your data

We obtain information about you when you make a purchase from our website or if you opt in to be added to our email newsletter list.

Choice

You may “opt out” of receiving Kany’s Garden email updates or newsletters by clicking the ‘unsubscribe’ button found at the bottom of each email. The choice to opt out of such communications is also generally available during the sign-up process. Kany’s Garden will still contact you when there are changes to the Terms of Service, as applicable.

In addition, we will still send you service-related emails such as order confirmation, refund and delivery information, including, but not limited to, a registration email and emails automatically triggered by actions you took on the Site relating to an order. Generally, you may not opt-out of these communications, which are not promotional in nature. If you wish not to receive them, you have the option of deactivating your account.

Cookies

This site uses cookies – small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping baskets, and provide anonymised tracking data to third party applications like Google Analytics. As a rule, cookies will make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers.

Disclosure of your personal data

We do not sell any of your personal data to any third party – including your name, address, email address or credit card information.

However, we may have to share your data with the following categories of companies as an essential part of being able to provide our services to you, as set out in this statement:

• Service providers (acting as processors) based in the United Kingdom who provide IT and system administration services;
• Delivery partners (who may be acting as joint processors or controllers) based in the United Kingdom who provide delivery services;
• Professional advisers (who may be acting as processors or joint controllers) including lawyers, bankers, accountants and insurers based the United Kingdom who provide legal, banking, accounting, insurance or other consultancy services;
• HM Revenue & Customs, regulators, courts and other authorities (who may be acting as processors or joint controllers) based in the United Kingdom;
• Social media: You may be able to access third party social media services through our website before coming to our website.
• Email Software companies
• Royal Mail and any printers (to print postal marketing messages)
• Conversant (for marketing and advertising purposes)
• Facebook, Twitter and Instagram (for marketing and advertising purposes)
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. 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.

Keeping Data

We will only keep your personal data for as long as you have your account, or as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

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

In some circumstances you can ask us to delete your data also called Request Erasure (see below).

In some circumstances we may anonymise your personal data (so that you cannot be identified) in which case we may use this information indefinitely without further notice to you for research or statistical purposes.

If you leave a comment on the website, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

Securing your data

We may disclose your information to trusted third parties for the purposes set out in this Privacy Policy. We require all third parties to have appropriate technical and operational security measures in place to protect your personal data, in line with British and EU law on data protection rules.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with the Regulation and this privacy policy.

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to prevent unauthorised access.

Your rights

Kany LTD aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

Whenever made possible, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us to make the required changes.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

You have the right (except for some very limited circumstances):

  • To access and receive a copy of the Personal Data we hold about you
  • To rectify any Personal Data held about you that is inaccurate
  • To request the deletion of Personal Data held about you

You have the right to data portability for the information you provide to Kany LTD You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it.

 

Legal Rights:

  • Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of some or all of the personal data we hold about you and to check that we are processing it lawfully.
  • 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) or where we may have processed your information unlawfully. Please 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 and there is something about your particular situation which makes you want to object to processing on this ground as you feel it has an impact on your fundamental rights and freedoms. You also have the right to object if 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.

 

If you wish to exercise any of the rights above, please contact us at info@kanysgarden.com. Please note that we may ask you to verify your identity before responding to such requests.

How you can complain

If you are not happy with our privacy policy or if have any complaint then you should tell us by email. Our address is info@kanysgarden.com.

16 and Under

We are concerned to protect the privacy of children aged 16 or under. If you are aged 16 or under‚ please get your parent/guardian’s permission beforehand whenever you provide us with personal information.

We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website.

Transferring your information outside of Europe

As part of the services offered to you through this website, the information which you provide to us may be transferred to countries outside the European Union (“EU”). By way of example, this may happen if any of our servers are from time to time located in a country outside of the EU. These countries may not have similar data protection laws to the UK. By submitting your personal data, you’re agreeing to this transfer, storing or processing. If we transfer your information outside of the EU in this way, we will take steps to ensure that appropriate security measures are taken with the aim of ensuring that your privacy rights continue to be protected as outlined in this Policy.

If you use our services while you are outside the EU, your information may be transferred outside the EU in order to provide you with those services.

Policy

We keep this Policy under regular review. This Policy was last updated in November 2019.