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Privacy Policy

This Privacy Policy sets out the basis on which we will process any Personal Data that we may collect about you as a visitor to our website at www.hydroluxeiv.com or our customers or potential customers, or other business partners or in any other cases where we specifically state that this policy will apply. This policy further sets out how we protect your privacy and your rights in respect of our use of your Personal Data.

 

WHO IS THE DATA CONTROLLER?

A “data controller” is a person or organization who alone or jointly determines the purposes for which, and the manner in which, any personal data is, or is likely to be, processed. In this sense, Hydroluxe IV Drip and Wellness Bar of 19019 Linden Blvd Ste A, Jamaica, NY 11412 (“Hydroluxe”, “we”, “us”, “our”) is the data controller. If you have any questions about data protection at Hydroluxe in general, you can reach us by email using support@hydroluxeiv.com or call us on +1 929 990 1226.

 

WHAT IS PERSONAL DATA?

Personal data is any information that relates to an identified or identifiable living individual. Different pieces of information, which collected together can lead to the identification of a particular person, also constitute Personal Data.

 

WHAT IS SPECIAL CATEGORY DATA?

Special category data is Personal Data that needs more protection because it is sensitive. This includes Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data. As well as, data concerning health, a person’s sex life; and a person’s sexual orientation. In order to lawfully process Special Category Data, it is necessary to consent to the processing.

 

WHY DO WE HAVE A PRIVACY POLICY?

New York`s common law and statutory privacy and data protection principles and the EU's General Data Protection Regulation (“GDPR”) control how your Personal Data is used by us. We are also required to explain which Personal Data we collect from you via our website and shop, what we use it for, when we delete it and how your data is protected.

 

In contrast, the Health Insurance Portability and Accountability Act (“HIPAA”) regulates how we use and process your protected health information. For further information on the processing of HIPAA Data, please refer to our HIPAA Compliance Statement.

 

WHAT ARE THE LEGAL BASES FOR PROCESSING PERSONAL DATA

All Personal Data that we obtain from you via our website will only be processed for the purposes described in more detail below. This is done only if at least one of the following applies: a) you have given your consent, b) the data is necessary for the fulfillment of a contract / pre-contractual measures, c) the data is necessary for the fulfillment of a legal obligation, or d) the data is necessary to protect the legitimate interests of our company, provided that your interests are not overridden.

 

WHAT PERSONAL DATA DO WE COLLECT FROM YOU?

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  1. Collection of access data and log files

When you visit our website, we collect the Personal Data that your browser automatically transmits to our server. This is technically necessary for us to display our website and to ensure its stability and security. In this sense, we collect the following data: i) IP address of the requesting computer/device, ii) Date and time of access, iii) name and URL of the file accessed, iv) website from which the access was made (referrer URL), v) browser used and, if applicable, the operating system of your device as well as the name of your access provider. The legal basis is our legitimate interest.

 

  1. Hosting

The hosting service used by us for the purpose of operating our website is Wix.com LTD. In doing so Wix, processes inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, interested parties and visitors of our website and services, on the basis of our legitimate interests in an efficient and secure provision of the website and services in conjunction with the provision of contractual services.

 

  1. Content Management System and eCommerce system

We also use the open source Content Management System (CMS) and eCommerce system of Wix to publish and maintain the created and edited content and texts on our website. This means that all content and texts submitted to us by users for publication is transferred to our Wix server. In addition to texts, this also includes, for example your data in our forms. The legal basis for this processing is our legitimate interest.

 

  1. Cookies

For the processing of personal data using cookies and similar technologies on our website, please refer to our Cookie Policy. The legal basis for the use of cookies is our legitimate interest or your consent when you agree to the use of technically non-essential cookies as further explained in our Cookie Policy.

 

  1. Cookie consent

As set out in the Privacy and Electronic Communications Directive (“PECD”), we need to obtain consent for the use of technically non-essential cookies. For this purpose we use a cookie consent tool, to obtain your consent to the storage of cookies and to document this consent. When you enter our website, the following Personal Data is transferred to us via our cookie consent tool: i) Your consent(s) or revocation of your consent(s); ii) Your IP address; iii) Information about your browser; iv) Information about your device; v) Time of your visit to our website. The basis for processing is our legitimate interest and your consent.

 

  1. Analytics

For business reasons, we analyze the data we have on web and server traffic patterns, website interactions, browsing behavior etc. The analyses serve us alone and are not disclosed externally and processed using anonymous analyses with summarized and or anonymized values. For this purpose we use Google Analytics. The legal basis is our legitimate interest and your consent. For further information, please refer to our Cookie Policy.

 

  1. Contact options

We process and store the Personal Data provided in the contact enquiry solely for the purpose of processing and responding to your enquiry and contacting you. If you contact us, we will process the data you provide to respond to you and answer your questions and requests. In doing so, the principle of data economy and data avoidance is observed in that you only have to provide the data that we absolutely need from you in order to contact you. These are usually your first and last name, your email address, the topic selection and the message itself. The legal basis for processing is our legitimate interest, the provision or initiation of a contractual service and your consent.

 

  1. Using out Treatment Services

We also process the Personal Data involved in your use of our services (your contact information such as full name, email, postal address and phone number and the data related to your use of our services and the contract between us) in order to be able to provide our contractual services. Some of the Personal Data you provide may be considered to fall under HIPPA or Special Category Data under the GDPR. For further information on processing HIPAA Data, please refer to our HIPPA Statement. By choosing to provide this data, you consent to our processing of that data. Accordingly, the data is processed on the basis of your consent, fulfilling our contractual obligations and our legal obligations.

 

  1. User account

It is also possible for you to register for an account. For this purpose, you can choose a password together with your email address, both of which will enable you to log in more easily without having to enter your data again when you make a future purchase or to access your order history. We will hold your data for further orders as long as you have your account with us.

 

  1. Patient and Practice Management

For booking, scheduling, electronic charting and patient management, we use Jane. Your data collected in relation to your treatment will be transferred to our Jane account. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are the fulfillment of our contract, our legal obligations and our legitimate interest.

 

  1. Payment Data

If you make a purchase your payment data will be processed via our payment service provider Stripe. Payment data will solely be processed through Stripe and we have no access to any Payment Data you may submit. The legal basis for the provision of a payment system is the establishment and implementation of the contract.

 

  • Administration, financial accounting, office organization, contact management

We process data in the context of administrative tasks as well as organization of our business, and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are our legal obligations and our legitimate interest.

 

  1. Promotional use of your data

We use your data (name and email address) within the legally permissible scope for marketing purposes, e.g., to draw your attention to special promotions and discount offers via email. In addition, we reserve the right to use your first and last name as well as your postal address for our own advertising purposes, e.g., to send you interesting offers and information about our products by post. This serves to protect our legitimate interests.

 

  • Newsletter

If you register for our newsletter, we use your email address to send you our email newsletter on a regular basis on the basis of your consent. Unsubscribing from the newsletter is possible at any time and can be done via the unsubscribe link provided in each newsletter. After unsubscribing, we will delete your email address unless you have expressly consented to further use of your data or we reserve the right to use data beyond this, which is permitted by law and about which we inform you in this declaration.

 

DISCLOSURES OF YOUR PERSONAL DATA

We will not disclose or otherwise distribute your Personal Data to third parties unless this is a) necessary for the performance of our services including our forwarders and couriers, b) you have consented to the disclosure, c) or if we are legally obliged to do so e.g., by court order or if this is necessary to support criminal or legal investigations or other legal investigations or other legal proceedings; or proceedings at home or abroad or to fulfill our legitimate interests.

 

INTERNATIONAL TRANSFER

We may transfer your Personal Data to other companies as necessary for the purposes described in this Privacy Policy. In order to provide adequate protection for your Personal Data when it is transferred, we have contractual arrangements regarding such transfers. We take all reasonable technical and organizational measures to protect the Personal Data we transfer.

 

MARKETING

Insofar as you have given us your consent to process your Personal Data for marketing and advertising purposes, we are entitled to contact you for these purposes via the communication channels you have given your consent to.

 

You may give us your consent in a number of ways including by selecting a box on a form where we seek your permission, or sometimes your consent is implied from your interactions or contractual relationship. Where your consent is implied, it is on the basis that you would have a reasonable expectation of receiving marketing communication based on your interactions or contractual relationship with us.

 

Our Marketing generally takes the form of email (Cf.. Promotional use of your data and Newsletter above) but may also include other less traditional or emerging channels. These forms of contact will be managed by us, or by our contracted service providers. Every directly addressed marketing sent by us or on our behalf will include a means by which you may unsubscribe or opt out.

 

HOW LONG DO WE KEEP YOUR PERSONAL DATA?

We will delete your Personal Data when we no longer need such Personal Data, for instance where:

 

  • it is no longer necessary for us to retain your Personal Data to fulfill the purposes for which we had collected it;

  • we believe that your Personal Data that we hold is inaccurate; or

  • in certain cases where you have informed us that you no longer consent to our processing of your Personal Data.

 

Sometimes, however there are legal or regulatory requirements which may require us to retain your Personal Data for a specified period, and in such cases we will retain your Personal Data for such specified period; and we may need to retain your Personal Data for certain longer periods in relation to legal disputes, and in such cases we will retain it for such longer periods to the extent required.

 

HOW WE SECURE YOUR PERSONAL DATA

We take appropriate organizational, technical, and physical measures to help safeguard against accidental or unlawful destruction, loss, alteration, and unauthorized disclosure of, or access to, the Personal Data we collect and process. However, no method of collection, storage, or transmission is 100% secure. You are solely responsible for protecting your password, limiting access to your devices, and signing out of websites after your sessions.

 

SOCIAL MEDIA

We are present on social media and if you contact or connect with us via social media websites, we and the relevant social media website are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The legal basis is our legitimate interest, your consent or, in some cases, the initiation of a contract.

 

When you visit our social media profiles, we, as the operator of the profile, process your actions and interactions with our profile (e.g., the content of your messages, enquiries, posts or comments that you send to us or leave on our profile or when you like or share our posts) as well as your publicly viewable profile data (e.g., your name and profile picture).

 

Which Personal Data from your profile is publicly viewable depends on your profile settings, which you can adjust yourself in the settings of your social media account. Please take care not to transmit or share sensitive data or confidential information (e.g., application documents, bank or payment data) via social media platforms; we recommend that you use a more secure means of transmission (e.g. e-mail).

 

LINKED SITES

For your convenience, there may be hyperlinks on our website that link to other websites. We are not responsible for, and this Privacy Policy does not apply to the privacy practices of any linked websites or of any companies that we do not own or control. The website links may collect information in addition to the information we collect.

 

We do not endorse any of these linked websites, their products, services, or any of the content on their websites. We encourage you to seek and read the Privacy Policy of each linked website that you visit to understand how the information that is collected about you is used and protected.

 

YOUR RIGHTS AND PRIVILEGES

  1. Privacy rights

You can exercise the following rights:

  • The right to access;

  • The right to rectification;

  • The right to erasure;

  • The right to restrict processing;

  • The right to object to processing;

  • The right to data portability;

 

  1. HIPAA Rights

When it comes to your health information, you have additional rights. To exercise any of these rights, contact us at the contact information listed above. In particular:

 

  • You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you.

  • You can ask us to correct health information about you that you think is incorrect or incomplete.

  • You can ask us to contact you in a specific way (for example, home or office phone) or at a specific location (for example, to send mail to a different address).

  • You can tell us your choices about what we share.

  • You can ask us to limit what we use or share

  • You can get a list of those with whom we have shared information

  • You can get a copy of this Notice

  • You can choose someone to act for you

  • You can file a complaint if you feel your rights are violated

 

  1. Updating your information and withdrawing your consent

If you believe that the information we hold about you is inaccurate or request its rectification, deletion, or object to legitimate interest processing, please do so by contacting us.

 

  1. Access Request

In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.

 

  1. Complaint to a supervisory authority

You have the right to complain about our processing of Personal Data to a supervisory authority responsible for data protection. We would, however, appreciate the chance to deal with your concerns before you approach a supervisory authority.

 

  1. What we do not do

  • We do not request Personal Data from minors and children;

  • We do not process HIPPA and/or Special Category Data without obtaining prior specific consent; and

  • We do not use automated decision-making including profiling.

 

USA SPECIFIC PROVISIONS

The following applies to all users located elsewhere in the United States. While we understand and appreciate that privacy and consumer data protection laws differ as they are subject to each state's legislature and that no data protection framework similar to the GDPR exists on a federal level, we are committed to follow and apply the for your state relevant privacy rules and regulations. As of the day of drafting, the following other states had enacted privacy and consumer data protection laws:

 

  • Colorado Privacy Act (“CPA”);

  • Connecticut Data Privacy Act (“CTDPA”);

  • Delaware Online Privacy Protection Act (“DOPPA”);

  • Florida Digital Bill of Rights (“FDBR");

  • Indiana Consumer Data Protection Act (“ICDPA”);

  • Iowa Consumer Data Protection Act (“ICDPA”);

  • Montana Consumer Data Privacy Act (“MCDPA”);

  • Oregon Consumer Privacy Act (“OCPA”);

  • Tennessee Information Protection Act (“TIPA”);

  • Texas Data Privacy and Security Act (“TDPSA”);

  • Utah Consumer Privacy Act (“UCPA”); and

  • Virginia Consumer Data Protection Act (“VCDPA”).

 

Further and under consideration of the similarities of the above provisions, no conflict should arise pursuing a uniform approach in granting all users in the USA the same rights and privileges as set out above. However, should ambiguity occur the most stringent provision is chosen to ensure the most comprehensive approach when it comes to protecting your Personal Data.

 

Further, the following also apply:

 

  1. COPPA (Children Online Privacy Protection Act)

When it comes to the collection of Personal Data from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 13 years old.

 

  1. CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. To be in accordance with CAN SPAM, we agree to the following: If at any time you would like to unsubscribe from receiving future emails, you can email us, and we will promptly remove you from ALL correspondence.

 

  1. Telephone Consumer Protection Act (TCPA)

If we process your Personal Data for the purpose of sending you SMS marketing communications, you may manage your receipt of marketing and non-transactional communications from us by replying or texting ‘STOP’ if you receive our SMS communications. In this respect, the data processing is carried out solely on the basis of our consent in personalized direct advertising per SMS.

 

  1. Controls For Do-Not-Track Features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, our website does not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this policy.

 

  1. Right to complain

Finally, and in regard to the right to complain to a supervisory authority. You have the right to lodge a complaint about our processing of Personal Data with a supervisory authority responsible for data protection. Users based in the above mentioned States may lodge a complaint with the relevant district attorney or attorney general office. However, we would appreciate the opportunity to address your concerns before you contact any supervisory authority.

 

HELP AND COMPLAINTS

If you have any questions about this policy or the information we hold about you, please contact us by email us using support@hydroluxeiv.com or call us on +1 313-752-0606.

 

CHANGES

The first version of this policy was issued on Monday, September 23rd, 2024, and is the current version. Any prior versions are invalid, and if we make changes to this policy, we will revise the effective date.

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