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Terms of Service


TERMS OF SERVICE

v1_2, last updated 23 September 2021

https://thehappypear.ie/terms-and-conditions/

IMPORTANT: Please read this Terms & Conditions of Use (‘Site Terms’) as it
applies to all visitors who access the website at thehappypear.ie or any other
website owned, operated, or provided by Flynn & Flynn Global Trade Ltd (392443).
T/A: The Happy Pear. Registered Address: The Happy Pear, Kilcoole Industrial
Estate, Creowen Road, Kilcoole, Co. Wicklow.

WE DO NOT MARKET TO OR ENTER INTO CONTRACTS WITH CHILDREN NOR DO WE COLLECT
PERSONAL DATA FROM ANY PERSON UNDER 18 YEARS OF AGE.  PLEASE DO NOT ACCESS OR
USE THE WEBSITE OR SERVICES IF YOU ARE UNDER 18 YEARS OF AGE.

The Happy Pear and its associates provide their services to you subject to the
following conditions:

Privacy

When using our shop or online courses, you supply us with your ‘personal
information’ in order to purchase products, join our courses or to subscribe to
receive our newsletter. We need your contact details to fulfil our business
obligations and to process these orders. Please note we take your privacy
seriously so we will not sell your contact details to any marketing companies.
We also make sure your personal information is well protected. For more detailed
information please read our Privacy Policy

Electronic Communication

When you visit our online shop, subscribe to our courses or send emails to us,
you are communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by e-mail or
by posting notices on this site. You agree that all agreements, notices,
disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.

Following your consent, the information you provide may be hosted on the servers
of our email marketing provider Klaviyo. klaviyo adheres to the EU-U.S. Privacy
Shield Framework (more info on the EU-U.S. Privacy Shield website).
Read Klaviyo’s privacy policy here.

We will not sell, distribute or lease your personal information to other third
parties unless we have your permission or are required by law to do so. We may
use your personal information to send you promotional information about third
parties which we think you may find interesting if you tell us that you wish
this to happen.

Trademarks

The Happy Pear’s trademarks and content may not be used in connection with any
product or service that is not The Happy Pear’s, in any manner that is likely to
cause confusion among customers, or in any manner that disparages or discredits
The Happy Pear. All other trademarks not owned by The Happy Pear or its
subsidiaries that appear on this site are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by The
Happy Pear or its subsidiaries.

License And Site Access

The Happy Pear grants you a limited license to access and make personal use of
this site and not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of The Happy Pear. This
license does not include any resale or commercial use of this site or its
contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this site or its contents; any downloading or
copying of account information for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering and extraction tools. This
site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose without
express written consent of The Happy Pear. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of The Happy Pear and our
associates without express written consent. You may not use any meta tags or any
other “hidden text” utilizing The Happy Pear’s name or trademarks without the
express written consent of The Happy Pear. Any unauthorized use terminates the
permission or license granted by The Happy Pear. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the homepage of The
Happy Pear so long as the link does not portray The Happy Pear, its associates,
or their products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any The Happy Pear logo or other proprietary
graphic or trademark as part of the link without express written permission.

Disclaimer

Our “Sites” include information and instructions relating to diet, sleep,
exercise and fitness, heart health and healthy recipes and some of the products
and services available through our “sites” relate to such topics. You
acknowledge and agree that the following warnings and disclaimers shall apply to
all such information, instruction, products and services.[@K1] 

Before participating in any programme that may be described and/or made
accessible in or through our ‘sites’, We strongly recommend that you consult
with a physician or other healthcare provider. The Happy Pear and its staff are
not licensed medical care providers, are not rendering personal medical advice
or treatment, and have no expertise in advising on, diagnosing, examining, or
treating medical conditions of any kind, or in determining the effect of any
specific exercise or diet on a medical condition. You acknowledge and agree that
when participating in any diet/ programme there is the possibility of physical
injury, emotional distress and/or death, and you assume the risk and
responsibility for any such results. If you experience any discomfort or pain
during an activity in our content, such as a diet or exercise routine, you must
immediately cease the activity and seek the assistance of a physician or other
applicable Professional Care Provider.

Damage To Your Computer Or Other Device

The Happy Pear uses reasonable efforts to ensure that these sites are free from
viruses and other malicious or harmful content. However, we cannot guarantee
that your use of our “Sites” (including any content on it or any website
accessible from it) will not cause damage to your computer or other device. It
is your responsibility to ensure that you have the right equipment (including
antivirus software) to use our “Sites” safely and to screen out anything that
may damage or harm your computer or other device. Except where required by
applicable law, The Happy Pear shall not be liable to any person for any loss or
damage they suffer as a result of viruses or other malicious or harmful content
that they access from or via the “Sites”.

Product Description

The Happy Pear and its associates attempt to be as accurate as possible.
However, The Happy Pear does not warrant that product descriptions or other
content of this site is accurate, complete, reliable, current, or error-free. If
a product offered by The Happy Pear itself is not as described, your sole remedy
is to return it in unused condition.

Pricing

All product prices are displayed in Euros and are inclusive of the current rate
of applicable VAT due in the country of delivery, unless expressly indicated
otherwise, and do not include the additional cost of any delivery.

Free Trials and Subscriptions

Where we offer a free trial, it begins when you sign-up (even if you choose not
to first use our App or services until a later date) and ends 48 hours later. If
you want to cancel your trial, you must cancel before the trial period expires.
If you do not cancel the trial within the trial period, you will be charged for
the full month, with your subscription automatically converting to a regular
monthly fee.

Trials are not transferable, may not be combined with other offers or redeemed
for cash or credit. Trials are available only to new users who have never used
our services before and there is only one trial permitted per user and payment
method. It is a violation of these terms to sign up for a trial if you have
previously signed up for an account or trial in the past or to have more than
one account or trial active at the same time. We reserve the right to determine
your eligibility for a trial and if we believe you are not eligible for a trial,
we may cancel your trial. If we cancel your trial for any reason you will not be
eligible for recourse or refund.

When you sign up to use our Apps and services you’ll have the option to select
one of our subscription plans. Each subscription starts when you sign up and
make payment via a valid payment method. The billing cycle will be one calendar
month, six months or one year based on the subscription option chosen and your
subscription will automatically renew, unless or until your subscription is
cancelled or terminated. Where possible, you will be billed on the same date
which will be the date you signed up. Where such a date does not exist in a
particular renewal month, you will be billed on the date immediately preceding.

By choosing to continue with your subscription, you authorise billing to your
payment method and agree to keep your payment method current and valid at all
times. If your payment method expires then you must update it and we may end
your subscription if you fail to make payment when it is due.

We will notify you of the price of your subscription when you sign up. However,
we may change pricing at any time. We will endeavour to notify you of any price
change through the App or by another method such as email. Any price changes to
your subscription will take effect on or after the start of your next billing
cycle. If you do not agree to the price change you may cancel your subscription
at any time before it renews. If you choose not to cancel your subscription, you
will be deemed to have accepted the revised pricing. Following cancellation you
will continue to have access to your subscription until the end of your billing
cycle. All subscriptions are non-refundable and you are responsible for paying
for your subscription until you cancel it in accordance with these terms.

Please refer to the links below for platform specific details on subscription
management:

https://support.google.com/googleplay/answer/7018481

https://support.apple.com/en-us/HT202039

Cancellations and Refunds

By placing an order through our “Sites”, you confirm that you have read,
understood and agree to these General Terms and Conditions of Sale in their
entirety and you agree to be bound by them. If you do not agree to these General
Terms and Conditions in their entirety, you should not order any product or
service through the “Sites”.

In accordance with the Consumer Rights Directive 2011/83/EU (CRD), you have 14
calendar days to change your mind following purchase. This right to cancel is
also known as the ‘cooling-off period’. Your right to cancel begins from the
moment you place your order. However, your ‘cooling-off period’ will depend on
the type of purchase you made, as follows:

 * Products (goods): Starts the moment you receive the product. You have 14 days
   to inform us that you want to want to cancel and then a further 14 days to
   return the products. You may have to pay for the cost of returning the
   products.
 * Digital content: Starts the moment you sign up for the contract and ends 14
   days later. This right automatically ends if you access, utilise or stream
   the content.

Please refer to the links below for additional information about specific app
store refund policies:

https://support.google.com/googleplay/answer/2479637

https://support.apple.com/en-ie/HT204084

In exceptional circumstances, we may be able to provide short extensions to the
period of course access. However, we cannot facilitate transfers to the course
at a different start date nor offer partial refunds to students who do not
finish a course. For any queries in respect of cancellations or refunds please
contact academy@thehappypear.ie.

Applicable Laws

By visiting our “sites”, you agree that the laws of the state of Republic of
Ireland, without regard to principles of conflict of laws, will govern these
Conditions of Use and any dispute of any sort that might arise between you and
The Happy Pear or its associates.

Site Policies

Please review our other policies posted on this site. We reserve the right to
make changes to our “Sites”, policies, and these Terms & Conditions of use at
any time.

--------------------------------------------------------------------------------



 [@K1]Would it be an idea to revise this Disclaimer? Ideally we should avoid
processing “Health Data” as it could be categorised as SCPD which has additional
obligations attached. (Special Categories of Personal Data (‘SCPD’) and personal
data relating to criminal convictions and offences or related security measures
(‘CCOPD’ and together ‘sensitive personal data’) is in accordance with
applicable data protection laws (‘DP Laws’). ‘SCPD’ means personal data
revealing racial or ethnic origin, political opinions, religious or
philosophical beliefs, or trade union membership, and the processing of genetic
data, biometric data for the purpose of uniquely identifying a natural person,
data concerning health or data concerning a natural person’s sex life or sexual
orientation)

f Services here.

×
and Privacy Policy


PRIVACY POLICY

PRIVACY POLICY
v1_3, last updated 14 June 2021

IMPORTANT: Please read this Privacy Policy as it applies to any personal data
you provide us or we collect about you, for example if you access the website at
thehappypear.ie or any other website owned, operated, or provided by Flynn &
Flynn Global Trade Ltd (392443). T/A: The Happy Pear. Registered Address: The
Happy Pear, Kilcoole Industrial Estate, Creowen Road, Kilcoole, Co. Wicklow.

WE DO NOT MARKET TO OR ENTER INTO CONTRACTS WITH CHILDREN NOR DO WE COLLECT
PERSONAL DATA FROM ANY PERSON UNDER 18 YEARS OF AGE.  PLEASE DO NOT ACCESS OR
USE THE WEBSITE OR SERVICES IF YOU ARE UNDER 18 YEARS OF AGE.

This Policy

This Policy sets out what personal data we might collect, how we process and
protect that data, the lawful grounds for that processing, and your related
rights.  We always seek to comply with the data protection laws applicable to
our processing of personal data.

We use ‘GDPR’ to refer to either the EU or UK version as they’re almost
identical.  The GDPR is the world-standard for data protection laws, inspiring
legal developments around the world.

‘Personal data’ is a defined term in EU and UK law.  We also use it here to
cover ‘personally identifiable information’ as defined in US law, and other
similar legal definitions. Essentially ‘personal data’ means any information
relating to an identified or identifiable natural person, namely one who can be
identified, directly or indirectly from that information alone or in conjunction
with other information.

In most cases, the lawful ground (or legal basis) for our processing will be
that the processing is necessary: (i) for our legitimate interests in carrying
out our business, including improving and marketing our products and services],
provided those interests are not outweighed by your rights and interests
(‘Legitimate Interests’), (ii) to perform a contract with you (‘Contract’), or
(iii) to comply with our legal obligations (‘Legal Obligation’). Where
processing is based on your consent (‘Consent’), we will identify the processing
purposes and provide you with relevant information to make the processing fair
and transparent when we ask for your consent.

As data protection law and practice are constantly developing, we’ll need to
update this policy from time to time, which we’ll do by posting a new policy on
the Website that takes effect from the date stated.  It is your responsibility
to return to the Website from time to time and check for changes.

How Do We Obtain Personal Data?

We collect or are provided personal data in the normal course of business.  For
example:

 * you may provide us with your details when you become a customer, such as your
   name, email and employer (‘Account Data’),
 * we may receive personal data from our customers when using our Services, such
   as names of team members or data entered into the Services (‘Service Data’),
 * you may provide us with your details when you ask about buying our products
   or services (through the Website, by email or otherwise) and we may otherwise
   lawfully obtain contact details of potential customers for our Services for
   our marketing purposes, for example from publicly available business contact
   information or your business website (‘Marketing Data’),
 * when you visit the Website, we may collect information about your visit such
   as your IP address and the pages you visited and when you use our Services we
   may collect information on how you use those Services (‘Improvement Data’),
   and
 * you may provide us with your CV and other personal data when you apply for a
   position (‘Recruitment Data’) (through the Website, by email or otherwise)

In ‘GDPR-speak’, we are the ‘controller’ of Account, Marketing, Improvement and
Recruitment Data as we determine the purposes (the ‘why’) and the essential
means (the ‘how’) of the collection and processing.  We are the ‘processor’ of
Service Data as the customer remains the ‘controller’ of Service Data and we
only process Service Data to fulfil our contract with the customer and on their
instructions. 

Your Provision of Personal Data

When you provide us with personal data about yourself or another person, for
example a colleague or a contact, you are confirming to us that you have their
consent or are otherwise authorised to provide us with that information and that
any personal data you give us is accurate and up-to-date. 

Provision of personal data to us is never a requirement, however if you do not
provide us with the personal data necessary for us to carry out an action at
your request or under a contract with or relating to you, for example to respond
to your query or provide Services to you, we may not be able to respond to your
query or provide Services to you.

Special Categories & Crime

Given the nature of our business, we do not ask for ‘special categories of
personal data’ such as information about your health, political opinions, racial
origins or sexual life, or personal data relating to criminal convictions and
offences – and we would ask you not to send any to us or upload any into the
Services.  

However, if at any time you choose to transmit such personal data over our
Website or Services for any reason, or you provide us such personal data to us
as part of Recruitment Data, you must have full authority or consent to do so
and you agree that it will be dealt with according to this Privacy Policy,
including possible transfer to our offices or the third parties, inside or
outside the UK or EEA, as described in this policy.

Financial Data

We do not collect or process any bank or debit or credit card data ourselves. 
Any such data is collected and processed by our payment processors, to process
the relevant payments, as independent controllers.  We will at all times comply,
and choose payment providers who comply, with the applicable industry codes and
laws regarding security and retention of such data, for example the Payment Card
Industry Data Security Standard. 

Our payment processors are Stripe and Paypal and links to their Privacy Policies
along with additional information are provided for your convenience:

https://stripe.com/ie/privacy

https://www.paypal.com/ie/webapps/mpp/paypal-and-your-data

How do we use personal data?

We use personal data in the normal course of our business, including to provide,
secure, manage and improve our Services and to meet any binding contractual or
legal obligations.  This includes:

 * to respond to enquiries about our Products and Services, to provide Websites
   and Services, to provide advice and support. Lawful basis: Legitimate
   Interests or Contract.
 * to analyse and improve the Website, our Products and Services, for example
   for technical or security purposes and to improve the customer experience.
   Lawful basis: Legitimate Interests, however where for example applicable law
   requires your consent to use certain cookies, we will ask for your Consent
   having provided you with relevant information.
 * to market our Products and Services – if we do so, we will provide you with
   an easy and free way to opt-out of receiving such communications in the
   future. Lawful basis: Legitimate Interests (or Consent as above).
 * in certain circumstances, to share it with a limited number of third parties
   as described in this policy, for example for operational requirements and
   business continuity purposes. Lawful basis: most processing will be based on
   Legitimate Interests, some processing is based on Contract and, where
   necessary (as above) some processing may be based on your prior Consent.
 * to manage our recruitment activities, including that the Recruitment Data
   will only be reviewed by those with a need to know as part of that
   recruitment, and that it may stored with our cloud storage or HR related
   service providers.

Electronic Direct Marketing

Where we carry out electronic direct marketing – including phone calls,
automated phone calls, emails, SMS and IM – we will comply with the relevant,
applicable laws including the EU e-Privacy Directive, which has been implemented
by national laws across the EEA and in the UK.  This means for example that we
will, where required, check national do-not-call registers and obtain your prior
specific and informed consent, particularly where you are acting as a consumer.
 

Sharing Data & International Transfers

We will not give, sell or rent your personal data to third parties so they can
market their services to you.  Nor do we accept advertising from third parties
on the Website.  We may share personal data in the following limited
circumstances.

 * For provision of the Services, and for our own disaster recovery and business
   continuity purposes, we may store or transmit personal data to or through
   third party providers, such as with our contractors and advisors to help us
   operate, secure and analyse our business.  Lawful basis: Legitimate Interests
   or Contract.
 * We may be obliged to disclose your personal data to comply with a law, order
   or request of a court, government authority, other competent legal or
   regulatory authority or any applicable code of practice or guideline. Lawful
   basis: Legal Obligation.
 * If we enter negotiations with a third party for the sale or purchase of all
   or part of our business, we will only disclose personal data to that third
   party to the extent it relates to that business and only under conditions of
   confidentiality requiring the third party to be bound by the privacy policy
   that applies to that data. Lawful basis: Legitimate Interests.

In each case, we share the minimum personal data necessary and we have written
contracts in place incorporating relevant wording to safeguard that personal
data and comply with applicable laws, and we will only share such data as is
necessary for the purpose in question.  Our starting position is always to keep
personal data within the UK or European Economic Area (‘EEA’) where the UK GDPR
or EU GDPR applies respectively.  However, in order to carry out the above
purposes, we may use third parties and their facilities outside the EEA.  In all
such cases we will ensure that appropriate security measures are in place to
protect your personal data and a valid legal basis for the transfer applies.

Cookies

Our Website uses cookies and/or similar technologies.  Please review our Cookie
Policy which is part of (and incorporated into) this Privacy Policy for more
information, including on how to refuse or selectively accept cookies and/or
similar technologies.

Retention 

As a default position, we will only retain personal data for any statutory
retention period, then a reasonable period (if any) necessary for the above
purposes.  This is subject, for example, to any valid opt-out or withdrawal of
consent where processing is based on consent, or other valid exercise of your
data subject rights.

Security

The security of data is very important to our business.  In accordance with our
legal obligations, we take appropriate technical and organisational measures to
protect your personal data and keep those measures under review.  However, we
can only be responsible for systems that we control and we would note that the
internet itself is not inherently a secure environment.

Anonymised data

We may create anonymised data from personal data, and any anonymisation would be
carried out in accordance with applicable law as well as relevant guidelines
from regulators such as the UK Information Commissioner (‘UK ICO’).
 Anonymisation may, for example, be achieved by aggregating data to the point
that no individual can be identified such as aggregating website use statistics
to see which web content is working well and which could be improved. 
Anonymised data does not allow for the identification of any individual person
and, as it is no longer personal data, neither data protection laws nor this
Privacy Policy would apply to such data.

Third Party Services

If you access the services of another provider through our websites or services,
for example through a link on the Website, your use of those services is
entirely at your risk and governed by the terms and privacy policy of that third
party provider.  If we resell a service delivered or provided by a third party
(‘Third Party Service’), including any software that is delivered or owned by a
third party (‘Third Party Software’), it is that third party’s separate privacy
policy that will apply to your personal data and your use of the Third Party
Service and Third Party Software. Your use of a Third Party Service is not
covered by this Privacy Policy. Please therefore review the privacy policy for
any Third Party Service and Third Party Software before using it.

Your rights

Under the UK and EU GDPRs, you have the following rights (some of which may be
subject to conditions set out in the relevant GDPR):

 * to know if we process any personal data about you and, if we do, with certain
   limitations, to request a copy of that personal data,
 * to ask us to remove or correct any of that personal data that is inaccurate,
 * to object to certain processing,
 * to withdraw any consent you may have given us for any processing of your
   personal data,  
 * to ask us to restrict processing certain of your personal data,
 * to ask us to erase your personal data, and
 * to ‘port’ certain of your personal data to you or another provider, provided
   in each case that we have such data and certain conditions are met.

You have the right, at any time, to object to the processing of your personal
data for direct marketing.

Contact Us

If you’ve any question you can always contact us at the address above or by
email to privacy[AT]thehappypear.ie.  You have the right, at all times, to
notify a complaint to any regulator such as the Data Protection Commission.  We
always welcome the opportunity to discuss and resolve any complaint with you
first.

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