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 https://eu.ayushakti.com/ or our customers or potential customers 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 organisation 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, Ayushakti B.V. of Harregatplein 5J, 3214 VP Zuidland, Netherlands (“Ayushakti”, “we”, “us”, “our”) is the data controller. If you have any questions about data protection at Ayushakti in general, you can reach us by email using info@ayushakti.eu with "Data Protection" in the subject line.
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.
WHY DO WE HAVE A PRIVACY POLICY?
The Dutch GDPR Implementation Act (Uitvoeringswet Algemene Verordening gegevensbescherming) (“UAVG”) 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.
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 within the framework of the DPA and the GDPR and only if at least one of the following applies:
a) You have given your consent.
b) The data is necessary for the fulfilment of a contract / pre-contractual measures.
c) The data is necessary for the fulfilment of a legal obligation.
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?
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.
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.
Hosting
The hosting service used by us for the purpose of operating our website is Shopify. In doing so, Shopify 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 shop, 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.
Content Management System and eCommerce system
We also use the Content Management System (CMS) and the eCommerce system of Shopify 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 Shopify. In addition to texts, this also includes, for example, your data in our forms. The legal basis for this processing is our legitimate interest.
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 nonessential cookies as further explained in our Cookie Policy.
Cookie Consent
As set out in the Dutch Cookie Law (Wet van 4 februari 2015 tot wijziging van de Telecommunicatiewet) (“Cookie Law”) and the EU's 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.
Analytics
For business reasons, we analyse the data we have on web and server traffic patterns, website interactions, browsing behaviour, etc. The analyses serve us alone and are not disclosed externally and processed using anonymous analyses with summarised and/or anonymised values. For this purpose, we use Google Analytics and Shopify Analytics. The legal basis is our legitimate interest and your consent. For further information, please refer to our Cookie Policy.
Aggregated Data
We also collect, use, and share aggregated data such as statistical or demographic data for any purpose, including improving our website. Aggregated data could be derived from your Personal Data but is not considered Personal Data in law as this data will not directly or indirectly reveal your identity. However, if we combine or connect aggregated data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Privacy Policy.
Contact Options
We process and store the Personal Data provided in the contact inquiry solely for the purpose of processing and responding to your inquiry 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.
Online Consultations
The protection of your Personal Data is particularly important to us in the performance of our consultancy services. We therefore only want to process as much Personal Data (for example, your name, address, e-mail address, or telephone number) as is absolutely necessary. Nevertheless, we rely on the processing of certain Personal Data to fulfill our contractual obligations to you or to carry out pre-contractual measures and in the context of administrative tasks as well as the organization of our business and compliance with legal obligations, such as archiving.
For booking a meeting in an easy and convenient way, we use Appointy Software Inc. Your data from the form will be transferred to our appointment account at Appointly after you press the "Book appointment" button. You will then receive a confirmation email with a link to the event. Your data will be kept at Appointly until the purpose for storing the data no longer applies (appointment made) or you request us to delete it. Appointly undertakes not to pass on your data to third parties. The legal basis is your consent as well as our legitimate interest.
We also use online meeting tools to conduct online meetings and provide support. When using online meeting tools, different types of data are processed. The scope of the data depends on the information you provide before or during the online meeting. The processing bases are your consent and our legitimate interest.
Research Publications
If you are interested in our published research papers and want to look at a certain paper you will be redirected to the relevant source, and as such, your IP address and other data may be transferred to the relevant source. We have no influence or control over the data collected and processed by the relevant operator when you are being redirected, and you can learn more about data processing at the relevant operator's privacy policy. We use the published research papers feature on the basis of our legitimate interests in conjunction with the initiation of a (pre)contractual relationship with you.
Academy
If you are interested in Ayushakti Academy of Ayurveda’s educational services and the relevant training and offers, you will be redirected to https://education.ayushakti.com/ Further information on processing is available in Ayushakti Academy of Ayurveda’s Privacy Policy and Cookie Policy and the relevant Data Processing Addendum.
Shopping with Us
We process your first name, last name, e-mail address, billing, and shipping address for the delivery of your order and the data related to your contract with us to handle the contractual relationship. The legal basis for processing is the provision of a contractual service.
When you place an order and you give us Personal Data of a third party, you represent and warrant that the Personal Data is up-to-date, complete, and accurate and that you have obtained the third party’s prior consent for our collection, use, and disclosure of their Personal Data for the purposes.
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.
Payment Data
If you make a purchase, your payment data will be processed via our payment service provider Shopify Payments (Shopify). Payment data will solely be processed through Shopify Payments, 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 Organisation, Contact Management
We process data in the context of administrative tasks as well as the organisation of our business and compliance with legal obligations, such as archiving and accounting. 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.
Video Testimonials
Within our website, we display video testimonials and/or client interviews in which we and our clients share certain details, knowledge, and insights, which in some instances may also include Personal Data. When you approve your video testimonials and/or client interview, your consent is obtained. You can, of course, withdraw your consent to publishing your video testimonials and/or client interview at any time, and you have choices about the information you provide in your video testimonials and/or client interview. The storage and publication of video testimonials and/or client interviews is based on your consent.
To showcase our video testimonials, we have integrated videos from YouTube. The integration requires that YouTube can perceive the IP address of the user. The IP address is required in order to send the video content to the user's browser. If you click on a YouTube video on our website, your internet browser will be prompted to download a corresponding representation of the video. In this way, YouTube knows which specific sub-pages you have visited. The legal basis for the data processing is our legitimate interest and your consent.
Written Testimonials
Within our website, we may also display certain Personal Data, share certain details, knowledge, and insights in the form of testimonials. When you approve and submit your testimonial to us, your consent is obtained, and you have choices about the information in your testimonial. The storage of testimonials is based on your consent.
Affiliate Partner
If you are interested in becoming an affiliate partner, you will be redirected to our affiliate partner website. When you apply and register, you are required to submit certain personal and non-personal data during the affiliate signup and to read our Affiliate Partner Privacy Policy and our Affiliate Partner Terms. The basis of processing is our legitimate interest, our contract with you, and your consent.
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. Our marketing generally takes the form of email 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 message sent by us or on our behalf will include a means by which you may unsubscribe or opt out.
Promotional Use of Your Data
We use your data within the legally permissible scope for marketing purposes, e.g., to draw your attention to special promotions and discount offers. In addition, we may draw your attention to comparable offers by email, e.g., we may inform you about exclusive sales, promotions, or special events. The legal basis for processing is our legitimate interest.
E-mail Advertising with Newsletter Registration
If you register for our newsletter, we use the data required for this purpose or separately provided by you in order 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 either by sending a message to the contact option described below or via a link provided for this purpose in the 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.
Postal Advertising
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.
Change of Purpose
We will only use your Personal Data for the purposes for which we collected it as detailed above, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your Personal Data for an unrelated purpose, we will notify you, and we will explain the legal basis which allows us to do so.
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 for the delivery of products and order fulfilment.
b) You have consented to the disclosure.
c) Legally obliged, e.g., by court order or necessary to support criminal/legal investigations or proceedings at home or abroad.
d) Required to fulfil 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 organisational measures to protect the Personal Data we transfer.
Advertising
We would like to show you interesting advertising outside of our website and use various third-party tools and cookies for this purpose. These collect and process information about your activities on our website, e.g., which products you are interested in or which pages you visit. By knowing what you are looking for and how you use our website, we can adapt our advertising to your needs and increase the likelihood that you will also be shown suitable and interesting advertising outside our website.
We also analyse this data to evaluate the relevance of the advertisements and to optimise the advertisements for you. Through the tools, your browser regularly establishes a connection to the server of the tool provider when you visit our website. For some tools, we have no direct influence on what data is processed by the providers. The following personal data may be processed by third-party providers:
i) HTTP header information (e.g., IP address, web browser, website URL, date, and time).
ii) Measuring pixel-specific data (e.g., pixel ID and cookie ID).
iii) Additional information about visits to our website.
The legal bases for processing are our legitimate interest and your consent in case of cookies. For further information, please refer to our Cookie Policy.
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 fulfil the purposes for which we had collected it.
- We believe that your Personal Data that we hold is inaccurate.
- 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. Additionally, 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 organisational, technical, and physical measures to help safeguard against accidental or unlawful destruction, loss, alteration, and unauthorised 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., email).
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
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.
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.
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.
Complaint to a Supervisory Authority
The Autoriteit Persoonsgegevens is the Dutch authority in matters of data protection. You have the right to make a complaint at any time to the Autoriteit Persoonsgegevens (https://autoriteitpersoonsgegevens.nl/en). We would, however, appreciate the chance to deal with your concerns before you approach the Autoriteit Persoonsgegevens in the first instance.
What We Do Not Do
- We do not request Personal Data from minors and children without specific and expressly given consent.
- We do not process special category data without specific and expressly given consent.
- We do not use automated decision-making, including profiling.
- We do not sell your Personal Data.
USA Specific Provisions
The following applies to users located 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 EU’s 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 states had enacted privacy and consumer data protection laws: California, Colorado, Connecticut, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia. 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
“Shine the Light”
The “Shine the Light” law (Civil Code Section 1798.83) requires us to respond to requests from California asking about the business’s practices related to disclosing Personal Data to third parties for the third parties’ direct marketing purposes. You may make a request about our collection and disclosure of your Personal Data using the contact details provided.
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.
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.
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 your consent in personalized direct advertising per SMS.
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.
Right to Complain
Finally, 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 abovementioned 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.
Canada and Mexico Specific Provisions
Both Canada and Mexico have introduced data protection laws that are similar to the GDPR, namely Federal Law for the Protection of Personal Data in the Possession of Private Parties (“LFPDPPP”) supplemented by the Rules of the Federal Law for the Protection of Personal Data in the Possession of Private Parties in Mexico and the Personal Information Protection and Electronic Documents Act (“PIPEDA”) in Canada. Under consideration that the GDPR has played a pivotal role, no conflict should arise pursuing a uniform approach in granting all users in Mexico or Canada 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.
In terms of your right to complain, Canada’s national supervisory authority is the Office of the Privacy Commissioner (www.priv.gc.ca), and the National Institute of Transparency, Access to Information and Personal Data Protection (Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales) (“INAI”) is the national supervisory authority in Mexico (www.ifai.org.mx).
Help and Complaints
If you have any questions about this policy or the information we hold about you, please contact us by email using info@ayushakti.eu with "Data Protection" in the subject line. http://www.ifai.org.mx
Changes
The first version of this policy was issued on Thursday, 9th of January, 2025, and is the current version. Any prior versions are invalid, and if we make changes to this policy, we will revise the effective date.http://www.ifai.org.mx