2. Important Information And Who We Are
- 2.1.2 This website or app is not intended for anyone under the age of .
2.2 Who is the “Controller” of your personal data?
- 2.2.3 You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
- 2.3.1 This version was last updated on September 06, 2019.
- 2.3.2 It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
2.4 Third-party links
3. The Data We Collect About You
3.1 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
3.2 We may collect, use, store and transfer different kinds of information about you which we have grouped together as follows:
Website and other interactions
- 3.2.1 “Identity” data includes first name, last name, username (or similar identifier), marital status, title, date of birth and gender.
- 3.2.2 “Contact” data includes billing address, delivery address, email address and telephone numbers.
- 3.2.3 “Financial” data includes bank account and payment card details.
- 3.2.4 “Transaction” data includes details about payments to and from you and other details of products and services you have purchased from us.
- 3.2.5 “Technical” data includes internet protocol (IP) address, mouse tracking, links clicked, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
- 3.2.6 "Profile" data includes your username and password, purchases or orders made by you, your account information, your interests, preferences and survey responses. This includes information you provide if you complete a user survey or study (or similar).
- 3.2.7 "Website or non-app Usage” data includes information about how you use our website products and services. "App data" (at 3.2.9 below) refers to your usage of the app and your connected device.
- 3.2.8 “Communications” data includes your preferences in receiving marketing (via permitted media) from us including our third parties and your communication preferences.
- App interactions
- 3.2.9 "App data" includes data collected if you open an account, use or pair your device within the app. JUUL Labs, Inc. collects and securely stores data including: de-identified errors and diagnostics to help resolve technical problems; phone number to authenticate your account; serial numbers to help provide customer support for our products; and, purchase history to enforce regional purchasing limits. We also collect age verification information (as set out at 4.3 and 4.4 below) to verify that you are of the legally-accepted age to purchase and use our products.
3.3 "Special Category" data. In certain circumstances, we may collect health or medical information, which is one of the Special Categories of Personal Data under GDPR. This includes information you may submit about your experience of JUUL (including to our customer services centre) and your responses to a user survey or feedback study (or similar).
Where applicable, we will ask for your explicit consent if we process Special Category data, (for example, when you correspond with the customer services centre).
3.5 Apart from as described at 3.3, we do not collect any Special Categories of Personal Data about you and we will only ever do so where we have a lawful basis under data protection law (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
3.6 If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel any orders for a product or service or terminate an order process but we will notify you if this is the case at the time.
4. A Note On Age Verification
4.1 The products that we sell on our website are highly regulated and age-restricted. We are required and committed to preventing sales to anyone under the legal purchasing age. We will only send you communications that encourage or facilitate a purchase of our products after you have certified that:
- 4.1.1 you are of legal purchasing age for the product you wish to purchase;
- 4.1.2 that you would like to receive product updates and permitted advertising from a regulated company; and
- 4.1.3 that you understand that providing false information may constitute a violation of the law.
4.2 Before you can make a purchase from our website or create an account in the app, we will verify your age through a non-affiliated third party company to perform an age and identity verification check in order to comply with our obligations to only sell our products or provide services to those at or over the legal purchasing age. We utilise these trusted verification services to verify the information that you provide and ensure that you qualify to access and purchase products from our website. Where your data (such as an image of your ID) is shared with a third party company in order to perform an age and identity verification check such data sharing shall always be done by us in accordance with this policy. We do not store images for longer than is necessary for our trusted verification service providers to provide their services, or in compliance with applicable legal and regulatory requirements. To ensure that age and identity verification is required only once, JUUL Labs will securely store document data (e.g. ID number), customer data (e.g. name, date of birth), and security check information (e.g. true/false existence of holograms). We will not share this information outside JUUL or our third party identity service provider or use it for marketing without your explicit permission, or in compliance with applicable legal and regulatory requirements.
4.3 In some cases, we might not be able to verify your age and/or identity through their verification service. If you are unable to verify your age with the requested information, you will be requested to upload a copy of appropriate photo-ID that our team can use to manually verify your date of birth. Photo ID's that are uploaded for this purpose will also always be used and stored in accordance with this policy. Where you provide an image of your ID document, or a selfie to validate your ID document during app set up, this image will only be stored as long as necessary to perform the age verification check, or in compliance with applicable legal and regulatory requirements.
4.4 Find out more about our youth prevention programme here: https://www.juul.co.uk/youth-education-awareness-and-prevention.
5. How Is Your Personal Data Collected?
We use different methods to collect data from and about you including through:
5.1 Direct interactions. You may give us your Identity, Contact, Profile and Financial Data (or any other categories of personal data which you provide) by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- 5.1.1 purchase our products;
- 5.1.2 create an account on our website or app;
- 5.1.3 subscribe to our newsletters;
- 5.1.4 indicate your communications preferences;
- 5.1.5 fill out a questionnaire or survey;
- 5.1.6 give us some feedback, a testimonial, story or reviews; or
- 5.1.7 contact our customer service centre.
5.2 App usage. You may give us your App Data when you create an account, use the app and/or pair your device.
5.4 Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out in our age verification process as stated in paragraph 4 above.
5.5 Technical Data from the following parties:
- 5.5.1 analytics providers based outside the EU; and,
- 5.5.2 search information providers.
5.6 Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
5.7 Identity and Contact Data from verification partners which assist us to check identity information against publically available sources.
6. How We Use Your Personal Data
6.1 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- 6.1.1 Where we need to perform the contract we are about to enter into or have entered into with you.
- 6.1.2 Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- 6.1.3 Where we need to comply with a legal or regulatory obligation.
6.2 Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to Special Category personal data or sending direct marketing communications to you via permitted media where consent is required. You have the right to withdraw consent at any time by contacting us at firstname.lastname@example.org.
7. Purposes For Which We Will Use Your Personal Data
7.1 We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
7.2 Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Type(s) of data (see paragraph 3 for further details)||Lawful basis for processing including basis of legitimate interest|
|To verify and register you as a new website customer||Identity, Contact, Profile, App||Performance of a contract with you|
|To process and deliver your order including: Manage payments, fees and charges; Collect and recover money owed to us||Identity, Contact, Financial, Transaction, Communications, App||Performance of a contract with you; Necessary for our legitimate interests (to recover debts due to us)|
|To use data analytics to improve our website, products/services, app, communications, customer relationships and experiences||Technical, Website or non-app Usage, App, Communications||Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website and app updated and relevant, to improve the app and website experience and support personalised features, to detect and resolve technical problems and to develop our business)|
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||Identity, Contact, Profile, Website or non-app Usage, Communications, Technical||Necessary for our legitimate interests (to study how customers use our products/services, to develop them and to develop and grow our business)|
|To administer and protect our business and this website or app (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||Identity, Contact, Technical, App||Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise); Necessary to comply with a legal or regulatory obligation (including the defence of claims)|
|Age verification (for more details see further details at paragraph 4)||Identity, Contact, App||Necessary to comply with a legal or regulatory obligation (including the defence of claims); Performance of a contract with you|
|To administer and manage your participation in a quality survey, user testing program or study. This includes sending you invitations, conducting product tests; the distribution and collection of testing materials; gathering feedback; and, managing your registration and account).||Identity, Contact, Profile||Performance of a contract with you; Necessary to comply with a legal or regulatory obligation (including the defence of claims); Necessary for our legitimate interests (for conducting product testing, research and development; ensuring product performance and customer satisfaction; product liability and insurance requirements including product recall; marketing claims and advertising substantiation (including testimonials); You have given consent|
|Provide the app and its related services (information/data collected by the app is used to authenticate your account, verify that you are of the legally-accepted age to purchase and use JUUL products, help resolve technical problems, help improve JUUL products, help provide customer support for our products and enforce regional purchasing limits and for any other purposes described in this Policy)||Identity, Contact, Device, App||Performance of a contract with you; Necessary for our legitimate business interests in improving, personalising and developing the services we offer you; You have given consent; Necessary to comply with a legal or regulatory obligation (including the defence of claims)|
|Provide customer services||Identity, Contact, Financial Data, App, Other information you may provide or we may gather (in accordance with data protection laws)||Performance of a contract with you; Necessary for our legitimate business interests (for resolving issues and complaints); Necessary to comply with a legal or regulatory obligation (including the defence of claims); You have given consent|
|Processing your customer feedback (including testimonials, stories or reviews submitted via 'JUUL Community') for market research, product development, and/or permitted marketing purposes.||Identity, Contact, Profile, Communications, Website or non-app Usage, App||Performance of a contract with you; Necessary to comply with a legal or regulatory obligation; Necessary for our legitimate interests (for conducting product testing, research and development; ensuring product performance and customer satisfaction; marketing claims and advertising substantiation including testimonials); You have given consent|
We strive to provide you with choices regarding certain personal data uses, particularly around how we communicate with you and advertising within our regulatory environment.
8.1 User data
We may use your Identity, Contact, Technical, Website or non-app Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.
8.2 Opting out
You can ask us or third parties to stop sending you permitted marketing at any time by contacting us at dataprivacy@JUUL.com. Where you opt out, this will not apply to personal data which we are still able to use, for example, to send you service messages. This includes personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
8.4 Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
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.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
9. Disclosures Of Your Personal Data
9.1 We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 7 above.
- 9.1.1 Internal Third Parties (full details of which are included in the Glossary at the end of this policy). Note that these Internal Third Parties are not necessarily within the European Economic Area (EEA).
- 9.1.2 External Third Parties (details of which are included in the Glossary at the end of this policy).
- 9.1.3 Specific third parties where they are stated in the table at paragraph 7 above (purposes for which we will use your personal data), e.g. with an age verification partner
9.2 We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers which process your personal data on our behalf to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
9.3 Please note: The products sold on this website are highly regulated by various governing agencies. It may become necessary to share the information that we collect in accordance with the terms of this policy with such agencies to comply with laws, a judicial proceeding, court order, or other legal requests.
10. Internal Transfers
10.1 We share your personal data within the JUUL Group. This will involve transferring your data outside the European Economic Area (EEA).
10.2 We ensure your personal data is protected by requiring our group companies to comply with the terms of specific contracts approved by the European Commission which give personal data the same level of protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
10.3 Many of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
10.4 Whenever we transfer your personal data out of the EEA to external third parties, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- 10.4.1 We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
- 10.4.2 Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
- 10.4.3 Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
10.5 Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
11. Data Security
11.1 We take the security of your information extremely seriously and employ physical, administrative, and technological safeguards designed to preserve the integrity and security of all information collected through our website. Our services support the industry standard Transport Layer Security (TLS). Encryption is applied to all data transmitted so it cannot be read by others. In addition, if you are using a shared computer to access our website, we recommend that you log out of your account before ending your browser session. This will also ensure that your account will not be used by anyone other than yourself.
11.2 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
12. Data Retention
How long will you use my personal data for?
12.1 We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, reporting requirements or industry guidelines.
12.2 To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
12.3 In some circumstances you can ask us to delete your data: see the “request erasure” legal right below for further information.
12.4 In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
13. Your Legal Rights
13.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data. Full details of these rights can be found in the Glossary at the end of this policy and on the European Commission website here. In summary, these rights are the right to:
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data.
- Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us.
13.2 No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
13.3 What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
13.4 Time limit to respond
We try to respond to all legitimate requests within one month. The law allows us to extend this period in certain circumstances. Therefore, occasionally it may take us longer than a month; for example, if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Internal Third Parties
JUUL may share data internally within its group acting as either controllers or controllers to processors depending on how we determine the purpose and means of processing your personal data.
External Third Parties
- Service providers acting as processors based outside of the EEA who provide IT and system administration services including cookies/user experience/analytics.
- Service providers acting as processors based inside the EEA who provide customer services.
- Professional advisers acting as controllers including lawyers, bankers, auditors and insurers based outside the EEA who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators, law enforcement agencies and other authorities acting as processors or controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
- Service providers acting as processors who are based in the USA and provide age verification services.
- Transaction and payment providers who support order processing and delivery.
- Logisitics providers to process and deliver your order and to deal with any post-purchase and/or customer service issues.
Your Legal Rights
You have the right to:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. You also have the right to object to us processing your personal data for direct marketing purposes.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format.
Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.