Welcome to The Packspod Shop website. This Privacy Notice explains what we do with your personal information when you visit www.packspodshop.com . It describes how we collect, use and process your personal information, and how, in doing so, we comply with our legal obligations to you. Your privacy is important to us, and we are committed to protecting and safeguarding your rights.
For the purposes of applicable data protection legislation, The Original Vape, (hereinafter “we”, “our” or “us”) is the “controller” of your personal information. This means that we decide why and how your personal information is used and we are responsible for protecting it. Please see the end of this notice for our contact and company information.
We may modify this Privacy Notice from time to time. Please visit this page regularly as we will post any changes here. Where appropriate, we may also notify you of changes by email. Please see the Changes section below.
If you are dissatisfied with any aspect of this Privacy Notice, you may have the legal rights we have described in this Notice, where applicable.
1. Information we collect about you:
We collect personal information that you submit to us online through the Website or provide when you contact or otherwise communicate with us. This information includes:
– your name;
– your email address;
– confirmation that you are 18 years or older;
– details of your marketing preferences;
– information that you submit in any correspondence we have with you by email or telephone;
– technical information about your visit, including details of your visits to and navigation of the Website, traffic data, information about the device you use to access the Website, your internet protocol (IP) address used to connect your device to the internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform (collectively “Device Data”).
We also collect information about how visitors use our Website through the use of cookies and similar technologies. For more information on how we use cookies, please see our Cookie Policy.
For details about the legal bases we rely on to use and process your personal information, please see How we use your information.
2. How we use your information:
The purposes for which we use your personal information and the legal bases under Mexican data protection laws on which we rely are explained below.
When you have given your CONSENT
If you give us your consent, we will rely on this:
– to send you marketing communications by email;
– to use data from your device for analytics and research purposes;
– to use any personal information we receive through the use of non-essential browser cookies on your device (please see our Cookie Policy for more information); and
– to identify and record when you have received, opened, forwarded or engaged with our electronic communications or on our Website (please see our Cookie Policy for more information);
You may withdraw your consent at any time. Please see the Marketing section below for more details.
When necessary to fulfill the terms of our AGREEMENT
We may use certain cookies and obtain personal information that is essential to enable you to access and use the Website and to provide the Website in accordance with our terms of use.
Where there is a LEGAL REQUIREMENT
We will use your personal information to comply with our legal obligations, including where we are required to do so by law:
– to identify you when you contact us;
– to verify the accuracy of the data we hold about you;
– to remember whether you have consented to cookies being used on your device;
– to comply with a request from you in relation to the exercise of such rights (for example, where you have asked us not to contact you for marketing purposes, we will keep a record of this on our suppression lists in order to comply with your request);
– to verify that you are old enough to use the Website (please see Verifying your age for further details); and
– to respond to or assist public authorities, regulatory bodies, courts or police or other criminal investigative bodies;
Where there is LEGITIMATE INTEREST
We may use and process your personal information where necessary to pursue the following legitimate interests (whether our own, in connection with our business, or those of a third party), for the following purposes:
– to respond to correspondence you send to us and fulfil requests you make of us;
– processing necessary to enable us to respond to changing market conditions and the needs of our visitors;
– to analyse, evaluate and improve our Website in order to make your visit to and use of the Website more useful and enjoyable (we will generally use data amalgamated from many individuals so that it does not personally identify you);
– to ensure that content on the Website is presented in the most effective manner for you;
– for processing necessary to enable us to operate the administrative and technical aspects of our business efficiently and effectively;
– to administer the Website and for internal operations, including troubleshooting, testing, statistical purposes;
– to verify the accuracy of data we hold about you and to create a better understanding of you as a visitor or customer, including by linking your personal information with other information or records held by us, our group companies or third party data providers about you;
– for network and information security so that we can take steps to protect your information from loss or damage, theft or unauthorised access;
– to correspond or communicate with you in relation to administrative, legal and business matters;
– for the purposes of corporate restructuring or reorganisation or sale of our business or assets;
– for the efficiency, accuracy or other improvements to our databases and systems, for example by combining systems or consolidating records we hold about you;
– to enforce or protect our contractual or other legal rights or to initiate or defend legal proceedings;
– to inform you of updates to our terms and conditions and policies;
– for our internal purposes, such as quality control, Website performance, system administration and to evaluate Website usage so that we can provide you with improved services;
– for other general administration, including handling your queries, complaints or claims, and sending you service messages.
3. Verification of your age
As this Website relates to vaping products, we are legally required to ask visitors to confirm that they are over 18 years of age. You may not use the Website if you indicate that you are under 18 years of age.
4. Marketing
We may collect your preferences to send you marketing information directly from us by email, if you subscribe to our newsletter.
From time to time, we may ask you to update your marketing preferences by asking you to confirm that you consent to continue receiving marketing information from us.
You have the right to opt out of having your personal information used to provide you with marketing information in any of the ways set out above, at any time. Please see the Your Rights section below for more details on how you can do this.
5. Automated decision-making
We do not anticipate that any decisions that have a legal or significant effect on you will be made using purely automated means, however, we will update this Privacy Notice and inform you if this position changes.
6. Sharing your information with third parties
We will share your information primarily to ensure that we provide you with the most interesting and up-to-date products. We may share your information with any of the following groups:
– any of our group companies, where necessary for administration or audit purposes or for any of the purposes mentioned above, and in accordance with data transfer laws;
– tax, audit or other authorities, where we believe that we are required by law or other regulation to share this data (for example, due to a request from a tax authority or in connection with any anticipated litigation);
– third party service providers who perform functions on our behalf (including external consultants and professional advisors such as lawyers, auditors and accountants, technical support functions, analytics and IT consultants who perform testing and development work on our business technology systems);
– third party market research providers;
– third party IT providers where we have an appropriate data processing agreement (or similar protections) in place; and
– if any of our group companies merge with or are acquired by another business or company in the future, we may share your personal information with the new owners of the business or company and with any administrators or insolvency professionals, if they are involved (and provide you with notice of this disclosure).
We may share non-personal aggregated statistical data about visitors to the Website with third parties for analytical and statistical purposes.
7. Where we store your information
Your personal information may be transferred outside of Mexico to the third parties described in Sharing your information with third parties.
We want to ensure that your personal information is stored and transferred securely. Therefore, we will only transfer data outside of Mexico where data protection legislation is complied with and the means of transfer provide appropriate safeguards in relation to your data, for example:
– through an intra-group agreement between BAT entities, incorporating existing standard contractual clauses adopted by competent bodies for the transfer of personal information to jurisdictions without adequate data protection laws;
– through a data transfer agreement with a third party, incorporating existing standard contractual clauses adopted by competent bodies for the transfer of personal information to jurisdictions without adequate data protection laws;
– by transferring your data to a country where a competent body has determined the adequacy of the data protection levels in that country through its legislation;
– where it is necessary for the conclusion or performance of a contract between us and a third party and the transfer is attributable to the purposes of such contract; or
– where you have consented to the transfer.
When we transfer your personal information outside of Mexico and when the country or territory in question does not maintain adequate data protection standards, we will take all reasonable steps to ensure that your data is treated securely and in accordance with this Privacy Notice. You can ask to see them by contacting us using the contact details below.
8. How we safeguard your information
We care about protecting your information. That’s why we put in place appropriate measures to prevent unauthorized access to and misuse of your personal information.
We are committed to taking all reasonable and appropriate measures to protect the personal information we hold from misuse, loss or unauthorised access. To do so, we have in place a number of appropriate technical and organisational measures, including encryption measures and disaster recovery plans.
If you suspect any misuse, loss or unauthorized access to your personal information, please let us know immediately by contacting our Head of Legal and External Affairs using the details provided at the end of this notice.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will implement our normal procedures and comply with legal requirements to protect your information, we cannot guarantee the security of your information while it is transmitted to the Website and any such transmission is at your own risk.
The Website may, from time to time, contain links to and from other websites. If you follow a link to any such websites, please note that those websites must have their own privacy notices and that we do not accept any responsibility or liability for those websites or their privacy notices. Please check those privacy notices before you submit your information to those websites.
9. How long we retain your information
We will retain your information relating to orders you have placed with us as required by law or other regulation (for example, in response to a request from a tax authority or in connection with any anticipated litigation).
If you have signed up to receive our marketing emails: We will retain your personal information for as long as you are subscribed to our marketing email list.
If you unsubscribe or are removed from our marketing list, we will keep your email address on our suppression list to ensure we do not send you marketing emails.
If you have contacted us with a complaint or query: we will retain your personal information for as long as reasonably necessary to resolve your complaint or query.
Exceptions to the above are where:
– we have carefully considered whether we need to retain your personal information beyond the periods described above in order to establish, bring or potentially defend legal proceedings or to comply with any legal or regulatory requirement;
– we are actually bringing or defending a legal claim or other proceedings during the period we are holding your personal information, in which case we will retain your personal information until those proceedings have concluded and no further appeal is possible;
– you exercise your right to require us to retain your personal information for a period longer than the stated retention period (from which you cannot be identified) and retain it for analytical and statistical purposes.
10. Your rights
You have a number of rights in relation to your information under the Federal Law on Protection of Personal Data Held by Private Parties. In relation to certain rights, we may ask you for information to confirm your identity and, where appropriate, to help us search for your personal information. Except in exceptional cases, we will respond to you within one month from either:
(i) the date we have confirmed your identity; or
(ii) where we do not need to do so because we already have this information, from the date we have received your request.
Right to object
This right allows you to object to our processing of your personal information where we are doing so for one of the following reasons:
– where we rely on our legitimate interests to process your information;
– to allow us to perform a task carried out in the public interest or exercise official authority;
– where your right to withdraw consent does not apply; or
– for scientific, historical, research or statistical purposes.
Except for purposes for which we are confident we can continue to process your personal information, we will temporarily stop processing your personal information in line with your objection until we have investigated the matter. If we accept that your objection is justified in accordance with your rights under data protection laws, we will permanently stop using your personal information for those purposes. Otherwise, we will provide you with our justification for why we need to continue using your personal information.
Right to withdraw consent
Where we have obtained your consent to process your personal information for certain activities (for example, for marketing), you may withdraw this consent at any time and we will stop using your personal information for that purpose unless we consider that there is an alternative legal basis for us to continue processing your data for this purpose, in which case we will inform you of this. If you withdraw your consent, our use of your personal information before you withdraw it is still lawful.
To withdraw your consent to marketing communications, please use the unsubscribe tool in the relevant communication.
Right to access (‘Personal data access requests’)
You can ask us for a copy of the information we hold about you at any time, and ask us to change, update or delete that information. If we give you access to the information we hold about you, we will not charge you for this unless we are permitted to do so by law. If you ask us for further copies of this information, we may charge you a reasonable administrative fee. Where we are permitted to do so by law, we may refuse your request. If we refuse your request, we will always tell you our reasons for refusing.
If you wish to request access to your information, you may assist us in processing your request by stating the following in the subject line: “Personal Information Access Request” or by quoting us by phone when you contact us. Please note that this is not mandatory and we will still honor any request without this reference.
Right to erasure
You have the right to request that we erase your personal information in certain circumstances. Typically, this right exists where:
– the data is no longer needed;
– you have withdrawn your consent for us to use your data, and there is no other valid reason for us to continue;
– the data has been processed unlawfully;
– it is necessary to erase the data so that we can comply with our legal obligations; or
– you object to the processing of your data and we cannot demonstrate compelling legitimate grounds for continuing the processing.
We would only be entitled to refuse to comply with your erasure request in limited circumstances and we will always tell you our reason for doing so.
When complying with a valid data erasure request, we will take all reasonably practicable steps to delete the relevant data.
Right to restrict processing
You have the right to request that we restrict the processing of your personal information in certain circumstances, for example if you contest the accuracy of the personal information we hold about you, object to our processing of your personal information for our legitimate interests or require us to retain it in connection with legal proceedings. If we have shared your personal information with third parties, we will notify them about the restricted processing unless this is impossible or involves disproportionate effort. We will of course notify you before lifting any restriction on the processing of your personal information.
We may only process your information while its processing is restricted if we have your consent or are legally permitted to do so, for example, for storage purposes, to protect the rights of another individual or company or in connection with legal proceedings.
Right to rectification
You have the right to request that we rectify any inaccurate or incomplete personal information we hold about you. If we have shared this personal information with third parties, we will notify them of the rectification unless this is impossible or involves disproportionate effort. You may also request details of the third parties to whom we have disclosed the inaccurate or incomplete personal information. Where we consider it is reasonable for us not to comply with your request, we will explain the reasons for this decision.
Right to data portability
If you wish, you have the right to transfer your personal information between service providers where we rely on your consent or the performance of your contract as a legal basis for using that information. In effect, this means that you can transfer the details we hold about you to another third party. To enable you to do so, we will provide your data to you in a commonly used machine-readable format so that you can transfer the data. Alternatively, we may directly transfer the data for you if technically feasible.
Rights related to automated decisions
In certain circumstances, you may challenge a decision made about you based solely on automated processing and where the processing is not required by law. You may also ask us to stop making such decisions using automated processing only.
Right to complain
You have the right to file a complaint with your competent authority in Mexico.
How to exercise your rights
If you wish to exercise any of these rights, please contact us using the details provided in How to contact us. Please note that we may keep a record of your communications to help us resolve any issues you raise.
11. Changes
We may make changes to this Privacy Notice at any time by posting a copy of the revised notice on the Website or, where appropriate, by sending you an email with such notice. Any changes will become effective 7 days after the date of our email or the date we post the revised terms on the Website, whichever is earlier.