Privacy Policy
INTRODUCTION :
This Privacy Policy ("Policy") governs the Processing of Personal Information by SoulnSmell (SOUL AND SMELL TRADING L.L.C) ("We", "Us", "Our", "Ourselves") following Applicable Data Protection Laws and in connection with the SoulnSmell e-commerce System which is hosted on our Website located at (https://www.soulnsmell.com).
The Data Subject's ("You", "Your", "Yourself/ves") use of the System is subject to this Policy and the Terms of Service, which are incorporated by reference into this Policy.
In general, by visiting/engaging with the System, you signify Your Consent to Our Processing of Your Personal Information in accordance with this Policy.
We are committed to the principle of accountability in maintaining the privacy of Personal Information collected or received by Us when You use Our System, as well as ensuring transparency between Ourselves and Our Customers.
This Privacy Policy describes how We treat Personal Information collected or received from Our Customers.
Accordingly, we encourage You to read this Policy carefully and contact Us with any questions or concerns regarding Our privacy practices.
We may amend this Policy at any time. However, all amended terms shall be effective immediately upon posting the revised Policy on Our Website, and such amended terms and conditions shall govern any subsequent activity with Our System.
If You do not agree with any term in this Policy, please do not submit any Personal Information to the System or contact Our Information Officer Email:
This Policy was last revised on 30 November 2022
You are advised to visit the System for any amendments or updates regularly.
For inquiries, contact Our Information Officer: contact@soulnsmell.com
DEFINITIONS :
1.1 "Cookies" shall mean small files installed by the Website on the User's web browser, which contains analytical non-personally identifiable Information. The Information stored in each cookie is described in Our cookie selector when visiting the Website.
1.2 "Consent" shall mean any voluntary, specific, and informed expression of the will in which You give Your permission to Us Processing Your Personal Information following Our Privacy Policy.
1.3 "Customer" shall mean any User who processes a transaction on our System to purchase – return, and refund any Goods from SoulnSmell.
1.4 "Data Subject" shall mean any natural or juristic person to whom the Personal Information relates.
1.5 "Electronic Signatures" shall mean data attached to, incorporated in. or logically associated with other data intended by the User to serve as a signature.
1.6 "Goods" shall mean the products available on the SoulnSmell System.
1.7 "Operator" shall mean a person who processes Personal Information for a Responsible Party in terms of a contract or mandate without coming under the direct authority of that party.
1.8 "Personal Information" shall mean Information relating to an identifiable, living, natural person and, where it is applicable, to an identifiable, existing juristic person, including but not limited to Information relating to race, gender, sex, national, ethnicity or social origin, color, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person, Information relating to the education or the medical, financial, criminal or employment history of the person, an identifying number, symbol, email address, physical address, telephone number, location information, online identifier, or another particular assignment to the person, the bio-metric Information of the person, correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence.
1.9 "System" shall mean the e-commerce System hosted on the Website, allowing customers to purchase coffee capsules, Coffee accessories products and other coffee-related items.
1.10 "Process/Processing" shall mean any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including- the collection, receipt, recording, organizations, collation, storage, updating or modification, retrieval, alteration, consultation or use; dissemination using transmission, distribution or making available in any other form, or merging, linking, as well as restriction, degradation, erasure or destruction of Information.
1.11 "Responsible Party" shall mean a public or private body or any other person who, alone or in conjunction with others, determines the purpose and means for Processing Personal Information. For this Policy, we are the Responsible Party for the Personal Information you submit on the System or the Website.
1.12 "Third Party/ies" shall mean any other natural or juristic person, not You, the User, or Ourselves.
1.13 "User" shall mean anyone visiting the Website without transacting on the System.
1.14 "Website" shall mean https://www.soulnsmel.com owned and operated by Us- Owned by SOUL AND SMELL TRADING L.L.C Company - and to which this Policy relates.
WHO ARE WE :
SOUL AND SMELL TRADING L.L.C is a private and Limited Liability company registered in terms of the laws of the United Arab Emirates.
We own and operate the Website, which sells You and others SoulnSmell Goods such as coffee, coffee capsules, coffee beans and coffee capsules accessories.
Our website is hosted by one of the most powerful e-commerce service providers, where Customers can process orders and payments for Goods listed on our System.
In addition, goods can be purchased through the Website.
Please read Our Terms and Conditions for more Information about Our System and any other terms.
PERSONAL INFORMATION :
Consent For Collection and Processing:
Our website collects some Personal Information from Users and Customers Personal Information.
This distinction Is made below.
USERS:
By accessing or visiting the Website, Users may submit non-personally identifiable Information in the form of cookies. Upon their first visit, the Website will prompt Users to consent to all Cookies, only necessary Cookies or allow the User to disable specific cookies manually.
Aside from Cookies, Users may volunteer to submit Personal Information through the Website by:
- Signing up for Our newsletter.
- Participating in competitions/games/surveys.
- Chatting with Our online chat-bot
- Sending Us a message through the Website's contact-us form.
In any event, you understand that Your Consent to the Processing of Your Personal Information by Us Is provided by You clicking on "Submit", "I Accept", or any similarly worded button before providing Us with any Personal Information.
You understand that Your Consent to Processing Your Personal Information by Us relates strictly to the purposes specified below. Processing shall include:
- The collection, receipt, recording, organization, collation, storage, updating or modification, retrieval, alteration, consultation, use, dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as blocking, degradation, erasure or destruction of Information.
CUSTOMERS:
Customers are Users with active accounts on our Website to buy Goods on the System.
To create an account, Customers are required to submit Personal Information. You consent to collecting and processing your personal Information to create an account by clicking on "Submit", "I accept", or any similarly worded button during the account creation process.
Both Users and Customers:
- Represent that You are 18 years of age or older.
- Expressly Consent to Us keeping Your Personal Information once Your relationship with Us has been terminated for aggregate, statistical and reporting purposes. Such Personal Information will be de-identified and cannot be used to identify You personally.
- May revoke consent about Our Processing of Your Personal Information by contacting Our Information Officer.
- Purpose For Collection and Processing
We primarily collect and process the customer's Personal Information to help them finalize their transactions during the purchase process of SoulnSmell Goods.
In addition, We Process Customer's Personal Information for the following purposes:
- Ensure that the delivery operation of the purchased Goods is done successfully to the correct added address by the customer.
- Ensure that the correct and exact Goods are added to the Customer's Cart
- Ensure that the customer receives clear and comprehensive Information about his purchase process as well as an informative Bill billed with all purchased Goods
- Ensure that any refund or claim process of the purchased Goods is correctly processed and maintained.
We Process analytical, non-personally identifiable Information to track popular Goods on our Website and generate sales statistics for use in marketing.
Our purpose for collecting and Processing Your Personal Information will depend on whether You are a User of the Website or a Customer of the System.
Buyers :
We primarily collect and Process Users' Personal Information collected or received from You in accordance with Your use of Our Website for the following purposes:
- Facilitate communication between Us and You, the User.
- Provide Information about and facilitate the entering into Our competition/games/surveys by You.
- Subscribe to Our newsletter.
- Engage in market research and gauge User satisfaction with Our Website based on analytical use information.
- Respond to any queries submitted by You either through the contact-us form or sent by You over email.
- Develop, improve, and fix bugs on Our Website.
- Comply with the law, specifically in response to a demand from government authorities where such demand meets the legal requirements, and achieve other purposes as authorized or required by law (e.g., to prevent a threat to life, health, or safety, or to enforce Our legal rights).
We use Google Analytics services as a tracking technology to collect Information to track traffic to and understand User interaction with Our Website. Any collected information remains confidential and classified.
We acknowledge and undertake not to use any Personal Information for other purposes without Your Consent or as required by law.
WHAT DO WE COLLECT, AND HOW :
We can categorize the collected Personal Information based on whether You are a User or a Customer and how You interact with our Website.
USERS:
We are collecting the following Personal Information:
When an anonymous User accesses our website, we collect the following:
- The internet protocol ("I.P.") Address and Cookies that track the browsing of the Website (You can prevent the collection of the selected Cookies through the Cookie pop-up when You visit the Website).
When You fill and send a contact-us form:
- Your full name
- Your Mobile Number
- Your email address.
When You contribute to a competition/Game/ Survey on Our Website:
- Your email address.
- Your full name; and Phone number
- Your preferences regarding which competition You want to contribute to.
- When you sign-up for Our newsletter:
CUSTOMERS :
We collect the following Personal Information:
When you create an account :
- Your full name
- Phone number
- Your email address
- Gender
- Age
- Physical Address
When You place an order on the System :
- Your physical address.
- Your banking information.
Neither the Website nor the System is intended for use by children.
By visiting or transacting on our Website, You expressly Consent to the collection, Processing, and storage of Your Personal Information as defined in this Policy, and You warrant that You are over the age of 18 and that the Personal Information submitted relates to You and not to a Third Party. Further, should You be under 18, You warrant that You are using the Website with the consent and supervision of a parent/guardian. Refer to Our Terms of Use for more Information on using the Website in the latter circumstances.
GIFTS :
Customers can purchase Goods and send them to a third-party person as a gift.
The purchase process remains the same, except that the Customer address information of the third party should be added along with a personalized note and select the Gift Option.
Upon Customers purchasing gift items, they have received the consent of the third party to submit their Personal Information on our Website. The customer indemnifies Us and holds Us harmless against any damages arising from a third party's claim for Our Processing of their Personal Information.
ACCURACY :
You agree that all collected Personal Information you provide us through our Website is accurate and updated data.
Suppose your Personal Information contains any errors or inaccuracies. In that case, you agree to indemnify and hold Us, our officers, directors, employees, agents, licensors, and members harmless from and against any claims, damages, actions and liabilities, including, without limitation, loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of Our reliance on such Personal Information.
You agree to let Us know if You become aware that Your Personal Information has been provided to Us by another person without Your Consent or if You did not obtain consent before providing another person's Personal Information.
PROCESSING OF PERSONAL INFORMATION :
The Processing of Your Personal Information by our System shall include the:
- Collection, receipt, recording, organization, storage, updating or modification, retrieval, alteration, consultation, use, dissemination by transmission, distribution or making available in any other form; or merging, linking, blocking, degradation, erasure or destruction of Information.
We will only Process Your Personal Information where:
You have consented to such Processing (which You may withdraw at any time by emailing:contact@soulnsmell.com).
- Processing is necessary to give you an excellent User Experience.
- FURTHER PROCESSING OF PERSONAL INFORMATION
Your Personal Information is safe with us. We will not sell or rent any other third-party person or company.
We will only share Your Personal Information with Third Parties in the manner set out in this Policy and in accordance with Applicable Data Protection Laws.
Please be aware that the term 'share' includes the act of 'disclosing', 'transferring'; 'sending', or otherwise making Your Personal Information available or accessible to another person or entity.
We may share some or all of Your Personal Information with the following entities:
- Google Analytics services to track traffic and understand how is going on the user interaction with Our Website.
- Payment gateways to perform the payment transaction
- SHOPIFY, the Platform hosting Our System.
Personal Information Processed on the Website will only be disclosed per the consent you provided.
We do not permit any of Our necessary Third Parties to use/Process Your Personal Information for any other purpose than to perform the services that We have instructed them to provide.
All Processing is compatible with such purpose. In addition, we may share aggregated statistical Information with Third Parties (including Our commercial partners) for advertising or marketing purposes.
No Personal Information will be shared in this manner.
In the event that We enter into a business transaction (including the sale of SoulnSmell, or the merger and acquisition of SoulnSmell by another company which involves the sale of all or a portion of Our assets), Your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy and that such an acquirer may continue to Process Your Personal Information as outlined in this Privacy Policy.
You may withdraw Your Consent at any time. Refer to section 10 below for more information on how to enforce Your rights regarding Your Personal Information.
Other than the above, We will not disclose Your Personal Information without Your Consent unless We reasonably believe that disclosure is necessary to lessen or prevent a threat to the life, health or safety of an individual or public health or safety or for a certain action to be undertaken by an enforcement Law (e.g. prevention, detection, investigation, prosecution or punishment of criminal offenses), or where such disclosure is authorized or required by law (including Data Protection Laws).
DISCLOSURE OF PERSONAL INFORMATION :
We may disclose Your Personal Information to:
- Our employees for Business Operation.
- Our employees are to fulfill your requests and otherwise provide Information and services to You.
- Any organist with an authorized request
- We may share non-personally identifiable Information with Third Parties for certain reasons, including advertising, marketing and/or other purposes.
We may further disclose Your Personal Information under the following circumstances:
- To comply with the law or with legal process.
- To protect and defend our rights, equipment, facilities and other property.
- To protect us against misuse or unauthorized use of the Website.
We will not disclose Your Personal Information to any Third Parties other than Our Operators, who are authorized to Process Your Personal Information on Our behalf. Any additional disclosure of the Personal Information that You Provide to Us, we may disclose to Third Parties only in accordance with Applicable Data Protection Laws.
OUR INFORMATION OFFICER AND YOUR RIGHTS :
The Protection of Personal Information places a duty on Us to appoint an Information Officer. This position is automatically filled by the C.E.O., equivalent officer, or another authorized person appointed.
The information officer's duties under the Applicable Data Protection Laws are:
- Liaising with You when You have a question about Your Personal Information.
- Assisting You with any requests and enforcing Your rights in respect of Your Personal Information.
- Making sure that We are compliant with the Applicable Data Protection Laws and that We Process Your Personal Information in accordance with these Terms and Our Privacy Policy.
You may choose when You wish to provide Your Personal Information to Us. You also have the right to withdraw Your Consent. However, if You decide not to provide specific details or withdraw your consent, your experience with some or all of the Website and/or System features and/or Services may be affected. To the extent provided for in law, You have certain rights in respect of Your Personal Information. In particular:
- Withdrawal of Consent: You may withdraw Your Consent at any time by sending a written request.
- Upon receiving notice that You have revoked Your Consent, We will stop using Your Personal Information within a reasonable time, which will vary depending on what Information We have collected and for what purpose. We will send You a confirmation email stating the same.
- Access or Obtain a Copy of Your Personal Information: You have the right to examine any of Your Personal Information we collect. Should You wish to explore the Personal Information We hold about You or obtain a copy thereof, please send Us a written request. As per the Promotion of Access to Information Act, We may charge a nominal fee should You request any physical records.
- Update, Modify, Rectify, Erase: the Personal Information that We hold on You
You also have the right to request Us to stop contacting You for marketing purposes: when You receive promotional communications from Us, You may indicate a preference to stop receiving further promotional communications from Us, and You will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the promotional email You receive or by contacting Us at contact@soulnsmell.com
These rights are not absolute, and We, therefore, we reserve the right to refuse any requests regarding the above-mentioned rights for any reason.
If you wish to enforce any of the above rights, you can request this by emailing Us at. Furthermore, you also have the right to complain to the U.A.E Information Regulator.
USER ANALYTICS AND TRACKING :
We use Google Universal Analytics as a tracking technology to collect Information for the purpose of tracking traffic to and understanding User interaction with Our Website. The Information collected is kept confidential.
We collect Information which is aggregated to measure the frequency of visits to Our Website, the average time spent on the Website and the pages viewed. We collect and use the Information as mentioned in this clause to administer and improve Our Website and Our services to/communicating with You by analyzing this Information through a Third Party, namely Google Universal Analytics. This Information may be shared with Our operators to such an extent as they must administer and improve Our Website on Our behalf.
We automatically collect Your I.P. address when you visit the Website. This collection is facilitated by Our Website hosting agents and/or service providers. Such Information is kept confidential.
We use the Information collected to improve our internal business processes. For example, we research our Users' habits, measure traffic patterns in the aggregate, analyze trends, administer the Website, and gather broad demographic Information.
SECURITY OF PERSONAL INFORMATION :
We are committed to and will implement and maintain appropriate technical and organizational measures to safeguard any Personal Information provided to Us from an accidental or unlawful destruction, loss or alteration, as well as the unauthorized disclosure of, or access to, Personal Information transmitted stored or otherwise processed. We have various security measures to protect the Personal Information We hold from loss and misuse and unauthorized access, modification, disclosure and interference – we review these processes regularly and improve them when required. In addition, we destroy or de-identify Personal Information once We no longer need it for Our business purposes or as required by law.
Notwithstanding the above, it is emphasized that even though We have taken significant steps to protect Your Personal Information, You acknowledge and understand that no company, including Ourselves, can fully protect against security risks associated with processing Personal Information online.
RETENTION OF PERSONAL INFORMATION
We retain Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy. When determining how long to keep Personal Information, We consider the necessity of the Personal Information for the provision of the Services, as well as the requirements of other Third-Parties, applicable laws, regulations and legal obligations. We may also retain records to investigate or defend against potential legal claims.
When retention of the Personal Information is no longer necessary, the Information will either be deleted or aggregated for Analytics purposes, in which case We will de-identify Your Personal Information.
We retain sales records for five (5) years as required by law.
With the exception of Personal Information required to be retained by law, other Personal Information will be retained no longer than one hundred and eighty (180) days.
CROSS-BORDER TRANSFERS :
Personal Information is stored on servers outside the United Arab Emirates. Therefore, you hereby provide Us with Your Consent to keep Your Personal Information outside the United Arab Emirates.
We use Shopify, a third-party e-commerce hosting Platform, to host Our System.
As such, Your Personal Information is stored on servers outside the borders of the United Arab Emirates.
As a result, you provide Us with Your Consent to store Your Personal Information outside of the United Arab Emirates.
You understand that foreign countries will have different laws and regulations concerning the Processing of Personal Information that may be less stringent than the laws in the United Arab Emirates. We, however, use trusted third-party's who ensure a substantial standard of data protection.
For more Information on Shopify's security, please see:
https://www.shopify.com/security/pci-compliant
THIRD-PARTY WEBSITES :
This Website may include links to other websites. These links are provided for Your convenience for the purposes of providing further Information to You. Such links do not signify that We endorse the Website (s) linked to this Website.
You agree that We shall have no responsibility or bear no liability in relation to the content of the linked website (s).
Content hosted on Third-Party websites is the responsibility of those websites and not of SoulnSmell.
By accessing Third-Party links, you agree that those Third-Party websites have their methods of collecting and Processing Your Personal Information. Therefore, you are encouraged to read the Privacy Policies of Third-Party websites before submitting Personal Information on such websites.
You may not create a link to the Website from another website or document without our prior written consent. We reserve the right to withdraw linking permission without notice. In addition, the Website from which the link originates must comply with the content standards set out in 'Impermissible Use' in Our Terms of Use.
OBJECTIONS, COMPLAINTS AND QUERIES :
Should You require a correction to be made to Your Personal Information that we keep on record, or You would like us to delete Your personally identifiable Information, kindly send an email to the email address email:
Should You feel that You would like to object to the collection, use or Processing of Your Personal Information, kindly send an email to the email address Email:
If You have any questions about this Privacy Policy, kindly send an email to the email address email:
We will endeavor to correct, provide You with the record, cease Processing of Your Personal Information and/or delete it, in accordance with Your request, as far as we are able to do so within the confines of the Applicable Data Protection Laws.
We will treat Your requests or complaints confidentially.
For any further inquiries, kindly send an email to the email address email:
CHANGES TO THIS POLICY :
We may change this Policy at any time, in which case any amended terms shall be effective immediately upon the posting of the revised Policy, and such amended terms shall govern any subsequent activity in relation to the Website. We, therefore, recommend that You visit the Website regularly. However, if you disagree with our privacy practices detailed in this Policy, please do not use the Website.
This Privacy Policy was last updated on 30 November 2023.