1.0 PRIVACY


1.0 WELCOME TO HOOSH'S PRIVACY POLICY

Hoosh respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit www.Hoosh.com (the “Website”) regardless of where you visit it from and tell you about your privacy rights and how the law protects you. This privacy policy should be read in conjunction with our Terms and our cookie policy.

1.1 IMPORTANT INFORMATION AND WHO WE ARE

Purpose of this privacy policy
This privacy policy aims to give you information on how Hoosh collects and processes your personal data through your use of the Website, including any data you may provide through the Website when you purchase a Product or take part in a competition or consent to us sending you promotional and marketing material. The Website is not intended for persons under the legal age to purchase Nicotine-containing products and therefore Hoosh does not knowingly collect data relating to children. It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Controller
Hoosh DMCC is the controller and responsible for your personal data collectively referred to as "Hoosh," "us" or "we" or "our" in this privacy policy.

We have appointed a data privacy manager responsible for overseeing questions concerning this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

Contact details
If you have any questions about this privacy policy or our privacy practices, please contact our data privacy manager in the following ways:

Full name of legal entity: Hoosh DMCC

Email address: legal@hoosh.com

Postal address: Unit no. 4710, level 1, Jewellery & Gemplex 3, Dubai United Arab Emirates

You have the right to make a complaint at any time to the UAE Data Office (“UAEDO”) as the regulator for data protection issues relating to UAE domiciled businesses. We would, however, appreciate the chance to deal with your concerns before you approach the UAEDO, so please contact us in the first instance.

We keep our privacy policy under regular review. 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.

Third-party links
The Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share your data. We do not control these third-party websites and are not responsible for their privacy statements. When you leave the Website, we encourage you to read the privacy policy of every website you visit.

1.2 THE DATA WE COLLECT ABOUT YOU

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).

We may collect, use, store, and transfer different kinds of personal data about you which we have grouped as follows:

  • Identity Data includes first name, last (family) name, username or similar identifier, title, and date of birth.

  • Contact Data includes billing address, delivery address, email address, and telephone numbers.

  • Financial Data includes bank account and payment card details.

  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

  • Technical Data includes internet protocol (IP) address, 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 the Website.

  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses.

  • Usage Data includes information about how you use the Website, products, and services.

  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. 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. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. 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.

We do not collect any Special Categories of Personal Data about you (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.

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 (for example for the purchase of any Product), 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 Products). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.


1.3 HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

Purchase our Products;

create an account on the Website;

subscribe to our Subscription Service or any publications;

request marketing to be sent to you;

enter a competition, promotion or survey; or

give us feedback or contact us.

Automated technologies or interactions. As you interact with the Website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.


1.4 HOW WE USE YOUR PERSONAL DATA

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:

Where we need to perform the contract we are about to enter into or have entered into with you.

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.

Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third-party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data
We have set out below, 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.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. 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.

Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us
We may use your Identity, Contact, Technical, 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 (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased Products from us and you have not opted out of receiving that marketing.

Third-party marketing
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out
You can ask us or third parties to stop sending you marketing messages at any time by by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a Product purchase or other transactions.

Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Website may become inaccessible or not function properly.

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.

1.5 DISCLOSURES OF YOUR PERSONAL DATA

We may share your personal data with third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

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 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.

1.6 IMPORTANT INFORMATION

Your data is collected in the UAE but is stored in locations outside of the UAE. We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. These rules are called "binding corporate rules".

Whenever we transfer your personal data out of the UAE, we ensure a similar degree of protection is afforded to it as is required by UAE law by ensuring at least one of the following safeguards is implemented:

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data. For further details, see https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en

Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK. For further details, see https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc/standard-contractual-clauses-international-transfers_en.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data.

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

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.

1.7 DATA RETENTION

How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation with respect to our relationship with you.

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 unauthorized 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, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial, and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see Your legal rights below for further information.

In some circumstances, we will anonymize 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.

1.8 YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to accessing, correcting, erasing, processing, and transferring your personal data. If you wish to exercise any of the rights set out above, please contact us at legal@hoosh.com. See Your legal rights in Section 10 of this privacy policy (Glossary) for more details.

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 could refuse to comply with your request in these circumstances.

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.

Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month 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.

1.9 GLOSSARY

LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and products 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 obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

THIRD PARTIES
External Third Parties

Service providers acting as processors who provide IT and system administration services and payment processing services.

Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance, and accounting services.

Regulators and other authorities acting as processors or joint controllers who require reporting of processing activities in certain circumstances.

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 the 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. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

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:

  • If you want us to establish the data's accuracy.

  • Where our use of the data is unlawful but you do not want us to erase it.

  • 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.

  • 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.



1.0 PRIVACY


1.0 WELCOME TO HOOSH'S PRIVACY POLICY

Hoosh respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit www.Hoosh.com (the “Website”) regardless of where you visit it from and tell you about your privacy rights and how the law protects you. This privacy policy should be read in conjunction with our Terms and our cookie policy.

1.1 IMPORTANT INFORMATION AND WHO WE ARE

Purpose of this privacy policy
This privacy policy aims to give you information on how Hoosh collects and processes your personal data through your use of the Website, including any data you may provide through the Website when you purchase a Product or take part in a competition or consent to us sending you promotional and marketing material. The Website is not intended for persons under the legal age to purchase Nicotine-containing products and therefore Hoosh does not knowingly collect data relating to children. It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Controller
Hoosh DMCC is the controller and responsible for your personal data collectively referred to as "Hoosh," "us" or "we" or "our" in this privacy policy.

We have appointed a data privacy manager responsible for overseeing questions concerning this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

Contact details
If you have any questions about this privacy policy or our privacy practices, please contact our data privacy manager in the following ways:

Full name of legal entity: Hoosh DMCC

Email address: legal@hoosh.com

Postal address: Unit no. 4710, level 1, Jewellery & Gemplex 3, Dubai United Arab Emirates

You have the right to make a complaint at any time to the UAE Data Office (“UAEDO”) as the regulator for data protection issues relating to UAE domiciled businesses. We would, however, appreciate the chance to deal with your concerns before you approach the UAEDO, so please contact us in the first instance.

We keep our privacy policy under regular review. 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.

Third-party links
The Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share your data. We do not control these third-party websites and are not responsible for their privacy statements. When you leave the Website, we encourage you to read the privacy policy of every website you visit.

1.2 THE DATA WE COLLECT ABOUT YOU

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).

We may collect, use, store, and transfer different kinds of personal data about you which we have grouped as follows:

  • Identity Data includes first name, last (family) name, username or similar identifier, title, and date of birth.

  • Contact Data includes billing address, delivery address, email address, and telephone numbers.

  • Financial Data includes bank account and payment card details.

  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

  • Technical Data includes internet protocol (IP) address, 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 the Website.

  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses.

  • Usage Data includes information about how you use the Website, products, and services.

  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. 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. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. 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.

We do not collect any Special Categories of Personal Data about you (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.

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 (for example for the purchase of any Product), 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 Products). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.


1.3 HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

Purchase our Products;

create an account on the Website;

subscribe to our Subscription Service or any publications;

request marketing to be sent to you;

enter a competition, promotion or survey; or

give us feedback or contact us.

Automated technologies or interactions. As you interact with the Website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.


1.4 HOW WE USE YOUR PERSONAL DATA

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:

Where we need to perform the contract we are about to enter into or have entered into with you.

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.

Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third-party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data
We have set out below, 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.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. 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.

Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us
We may use your Identity, Contact, Technical, 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 (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased Products from us and you have not opted out of receiving that marketing.

Third-party marketing
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out
You can ask us or third parties to stop sending you marketing messages at any time by by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a Product purchase or other transactions.

Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Website may become inaccessible or not function properly.

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.

1.5 DISCLOSURES OF YOUR PERSONAL DATA

We may share your personal data with third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

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 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.

1.6 IMPORTANT INFORMATION

Your data is collected in the UAE but is stored in locations outside of the UAE. We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. These rules are called "binding corporate rules".

Whenever we transfer your personal data out of the UAE, we ensure a similar degree of protection is afforded to it as is required by UAE law by ensuring at least one of the following safeguards is implemented:

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data. For further details, see https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en

Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK. For further details, see https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc/standard-contractual-clauses-international-transfers_en.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data.

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

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.

1.7 DATA RETENTION

How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation with respect to our relationship with you.

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 unauthorized 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, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial, and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see Your legal rights below for further information.

In some circumstances, we will anonymize 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.

1.8 YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to accessing, correcting, erasing, processing, and transferring your personal data. If you wish to exercise any of the rights set out above, please contact us at legal@hoosh.com. See Your legal rights in Section 10 of this privacy policy (Glossary) for more details.

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 could refuse to comply with your request in these circumstances.

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.

Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month 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.

1.9 GLOSSARY

LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and products 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 obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

THIRD PARTIES
External Third Parties

Service providers acting as processors who provide IT and system administration services and payment processing services.

Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance, and accounting services.

Regulators and other authorities acting as processors or joint controllers who require reporting of processing activities in certain circumstances.

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 the 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. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

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:

  • If you want us to establish the data's accuracy.

  • Where our use of the data is unlawful but you do not want us to erase it.

  • 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.

  • 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.



1.0 PRIVACY


1.0 WELCOME TO HOOSH'S PRIVACY POLICY

Hoosh respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit www.Hoosh.com (the “Website”) regardless of where you visit it from and tell you about your privacy rights and how the law protects you. This privacy policy should be read in conjunction with our Terms and our cookie policy.

1.1 IMPORTANT INFORMATION AND WHO WE ARE

Purpose of this privacy policy
This privacy policy aims to give you information on how Hoosh collects and processes your personal data through your use of the Website, including any data you may provide through the Website when you purchase a Product or take part in a competition or consent to us sending you promotional and marketing material. The Website is not intended for persons under the legal age to purchase Nicotine-containing products and therefore Hoosh does not knowingly collect data relating to children. It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Controller
Hoosh DMCC is the controller and responsible for your personal data collectively referred to as "Hoosh," "us" or "we" or "our" in this privacy policy.

We have appointed a data privacy manager responsible for overseeing questions concerning this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

Contact details
If you have any questions about this privacy policy or our privacy practices, please contact our data privacy manager in the following ways:

Full name of legal entity: Hoosh DMCC

Email address: legal@hoosh.com

Postal address: Unit no. 4710, level 1, Jewellery & Gemplex 3, Dubai United Arab Emirates

You have the right to make a complaint at any time to the UAE Data Office (“UAEDO”) as the regulator for data protection issues relating to UAE domiciled businesses. We would, however, appreciate the chance to deal with your concerns before you approach the UAEDO, so please contact us in the first instance.

We keep our privacy policy under regular review. 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.

Third-party links
The Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share your data. We do not control these third-party websites and are not responsible for their privacy statements. When you leave the Website, we encourage you to read the privacy policy of every website you visit.

1.2 THE DATA WE COLLECT ABOUT YOU

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).

We may collect, use, store, and transfer different kinds of personal data about you which we have grouped as follows:

  • Identity Data includes first name, last (family) name, username or similar identifier, title, and date of birth.

  • Contact Data includes billing address, delivery address, email address, and telephone numbers.

  • Financial Data includes bank account and payment card details.

  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

  • Technical Data includes internet protocol (IP) address, 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 the Website.

  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses.

  • Usage Data includes information about how you use the Website, products, and services.

  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. 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. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. 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.

We do not collect any Special Categories of Personal Data about you (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.

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 (for example for the purchase of any Product), 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 Products). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.


1.3 HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

Purchase our Products;

create an account on the Website;

subscribe to our Subscription Service or any publications;

request marketing to be sent to you;

enter a competition, promotion or survey; or

give us feedback or contact us.

Automated technologies or interactions. As you interact with the Website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.


1.4 HOW WE USE YOUR PERSONAL DATA

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:

Where we need to perform the contract we are about to enter into or have entered into with you.

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.

Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third-party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data
We have set out below, 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.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. 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.

Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us
We may use your Identity, Contact, Technical, 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 (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased Products from us and you have not opted out of receiving that marketing.

Third-party marketing
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out
You can ask us or third parties to stop sending you marketing messages at any time by by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a Product purchase or other transactions.

Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Website may become inaccessible or not function properly.

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.

1.5 DISCLOSURES OF YOUR PERSONAL DATA

We may share your personal data with third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

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 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.

1.6 IMPORTANT INFORMATION

Your data is collected in the UAE but is stored in locations outside of the UAE. We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. These rules are called "binding corporate rules".

Whenever we transfer your personal data out of the UAE, we ensure a similar degree of protection is afforded to it as is required by UAE law by ensuring at least one of the following safeguards is implemented:

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data. For further details, see https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en

Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK. For further details, see https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc/standard-contractual-clauses-international-transfers_en.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data.

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

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.

1.7 DATA RETENTION

How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation with respect to our relationship with you.

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 unauthorized 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, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial, and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see Your legal rights below for further information.

In some circumstances, we will anonymize 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.

1.8 YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to accessing, correcting, erasing, processing, and transferring your personal data. If you wish to exercise any of the rights set out above, please contact us at legal@hoosh.com. See Your legal rights in Section 10 of this privacy policy (Glossary) for more details.

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 could refuse to comply with your request in these circumstances.

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.

Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month 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.

1.9 GLOSSARY

LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and products 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 obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

THIRD PARTIES
External Third Parties

Service providers acting as processors who provide IT and system administration services and payment processing services.

Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance, and accounting services.

Regulators and other authorities acting as processors or joint controllers who require reporting of processing activities in certain circumstances.

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 the 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. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

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:

  • If you want us to establish the data's accuracy.

  • Where our use of the data is unlawful but you do not want us to erase it.

  • 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.

  • 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.



2.0 TERMS


2.1 WHO WE ARE AND HOW TO CONTACT US

The www.hoosh.com website, and all related content, mobile applications (if applicable), and associated services (collectively the "Website"), is a service owned and operated by Hoosh DMCC, which is registered in Dubai, United Arab Emirates under company number DMCC-852317, with its registered office at Unit number 4710, DMCC Business Centre, Level 1, Jewellery and Gemplex 3, Dubai, United Arab Emirates

You may contact us by email at info@hoosh.com.

2.2 ABOUT THESE TERMS

Hoosh has adopted these terms and conditions and the Privacy Policy (collectively these “Terms”) to inform you of your rights and obligations when using the Website and/or when purchasing any Hoosh products and services (collectively "Products").

Please read these Terms carefully to ensure that you understand each provision. These Terms contain specific terms to resolve disputes, including a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than court claims, jury trials, or class actions.

We recommend that you print a copy of these terms for future reference. Your use of the Website, and/or your purchase of any Products, constitutes your agreement to these Terms. If you do not agree to these Terms you must not use the Website or purchase our Products.

Hoosh may, and reserves the right to, from time to time, modify, limit, change, discontinue, or replace the Website and these Terms at any time. In the event Hoosh modifies, limits, changes, or replaces the Website or these Terms, your continued use thereafter constitutes your agreement to such modification, limitation, change, or replacement. We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens, by email or through the Website.

It is your responsibility to review these Terms on a regular basis to inform yourself of any modifications, limitations, changes, or replacements to them.

2.3 USE OF AND ACCESS TO THE WEBSITE

You agree that you shall not conduct, facilitate, authorize or permit any text or data mining or web scraping in relation to the Website or any services provided via, or in relation to, the Website. This includes using (or permitting, authorizing or attempting the use of) any "robot", "bot", "spider", "scraper" or another automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same; or any automated analytical technique aimed at analyzing text and data in digital form to generate information which includes but is not limited to patterns, trends, and correlations.

The provisions in this Section 2.‎3 should be treated as an express reservation of our rights in this regard, including under all applicable copyright laws.

The Website and related content are provided for informational purposes only. Your use of the Website is at your sole risk. This Website is provided on an "AS IS" and on an "as available" basis. Although we make all reasonable efforts to ensure that the content of the Website is updated and corrected, we do not guarantee the accuracy of any content. The material contained on the Website may contain inaccuracies and typographical errors. You agree that we have no duty to screen content that is provided to the Website by you or others, nor are we liable for such content. We have the right, at our sole discretion, to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. Changes are periodically made to the Website and may be made at any time period. If you download any materials from the Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or data that results from the download of any such materials.

This Website may contain links to third-party websites. Hoosh does not intend these links to be viewed as an endorsement of those websites or their content. If you decide to access third-party websites, you do so at your own risk. Different terms of use may apply to any third-party website.

2.4 AGE RESTRICTION

Minimum age requirements apply to the purchase and use of the Products. The Products and all other Nicotine products should never be used by anyone under the legal purchasing age. An age verification check will occur during the registration process in order to confirm that you are of legal purchasing age. You may only purchase Products if you are of sufficient legal age to purchase Nicotine-containing products in your country of purchase and you have been age-verified. To comply with age-restriction laws and regulations, we may use your provided information to conduct age-verification for your purchases and may deny or cancel your purchases due to such regulations.

You warrant and agree that you are at least of the correct legal age to purchase Nicotine-containing products in the country from which you are purchasing. If you are in any doubt, please refer to your local laws. It is your responsibility to check and understand the local laws in your jurisdiction regarding the legal purchasing age of Hoosh’s Products in order to purchase from or access the Website. Hoosh does not warrant or guarantee that compliance with these Terms will be sufficient for you to comply with your obligations under any laws applicable to you.

2.5 SAFETY ACKNOWLEDGMENT AND WARNINGS

WARNING: Hoosh Products contain Nicotine, which is an addictive chemical and can be poisonous. You must avoid contact with Products with skin and eyes and avoid ingestion of any Product. Keep out of reach of children and pets. In case of accidental contact, seek medical help.

Our Products must only be used in accordance with the instructions provided and if you have any questions or concerns about their use, you should get in touch with us at info@hoosh.com.

No Nicotine-containing or Nicotine product should be considered safe. You must do your own research regarding the Products and associated risks. If you have any health concerns about use of the Products or any other Nicotine delivery or Nicotine-containing product, you should consult with your physician. The vast majority of Products contain Nicotine. Nicotine can be a toxic and addictive substance. Nicotine-containing liquids are only intended for use by committed smokers of legal smoking age, and they are not intended for use by non-smokers, children, women who are pregnant or may have become pregnant or by any person with an elevated risk or, a pre-existing condition of any medical condition, which includes but is not limited to, heart disease, diabetes, high blood pressure, emphysema or asthma, unless such use has been recommended or approved by your GP or doctor. Should you feel unwell, you should stop using the product and consult a doctor. Inhalation of vapor from Hoosh Products may trigger reactions such as coughing, as well as aggravation of pre-existing respiratory or heart conditions.

Any e-liquid containing Nicotine may be harmful if ingested in sufficient quantity and carries a risk of fatality if consumed by a child. Other ingredients may be harmful to animals. In the case of accidental ingestion, medical advice should be sought if you feel unwell (or immediately in the case of ingestion by a child) and the doctor shown the Product packaging. All of our Products must be safely stored when not in use, and they must be kept out of the reach of children and animals at all times. Ingestion of Nicotine, at any level, may cause other conditions (such as an increase in your heart rate and blood pressure, dizziness, nausea, and stomach pain). If you do not currently use nicotine-containing products, we recommend that you do not start.

Skin contact with e-liquid within the Products may be harmful and should be avoided wherever possible. If e-liquid within the Product comes into direct contact with the skin, the affected area should be washed with plenty of soap and water. If contact with the eyes occurs, the affected area must be rinsed thoroughly and medical advice sought. If e-liquid within the Product is spilled onto clothing, this should be washed before reuse.

Do not eat, drink, or smoke when handling e-liquids, and wash your hands thoroughly after handling any e-liquid Product.

2.6 ELIGIBILITY AND ACCOUNT CREATION

These Terms constitute a contract between you and Hoosh and you must read and agree to these Terms before using the Website. If you do not agree, you may not use the Website to register for an account. You may use the Website only if you have the capacity to form a binding contract with Hoosh, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use of an account via the Website by anyone under the legal age of capacity in their jurisdiction of purchase or usage of the Website is strictly prohibited and in violation of these Terms.

You must provide complete and accurate information about yourself during the registration process and you have an ongoing obligation to update this information if and when it changes. We will handle your information in accordance with our Privacy Policy, which is incorporated into these Terms by reference. We reserve the right to refuse the creation of your account in our sole discretion.

When you create an account, you will be required to create a user ID and password. You agree that you will never share your user ID and password with anyone else for any reason. You agree that only you will use your account.

If you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@hoosh.com.

You agree that you are solely responsible for all activity that takes place in connection with your account and you agree to indemnify and hold harmless Hoosh from any damages that arise out of or in relation to use of your account. You agree that you will not create more than one account. By registering and obtaining an account you affirm that you will follow the Terms of the Website and your registration constitutes your consent to enter into agreements with us electronically.

2.7 TERMINATION OF ACCOUNT

We reserve the right to restrict access to, suspend, disable, terminate, and/or delete your account for any reason, or no reason, in our sole discretion. In the event your account is suspended, disabled, terminated, or deleted, your only option is to request reinstatement of your account by contacting us at info@hoosh.com. You may not open alternate accounts.

2.8 COMMUNICATIONS BETWEEN US

By creating an account, you are representing that you are of legal age to receive electronic communications and details of offers about Hoosh Products and that we may send to you electronic notices or other communication regarding Hoosh and the Website. These types of electronic communications will be sent to the email address you provided during registration and/or as is associated with your account and are deemed effective when sent, regardless of when you receive them or whether you read them. You can stop receiving these notices and communications at any time with the deactivation of your account.

You agree that you will not transmit any illegal, objectionable, threatening, obscene, defamatory, infringing of intellectual property rights, or otherwise injurious to any third party content and shall ensure that no communication sent to Hoosh consists of or contains any software virus or malicious code. You agree that you will not use a false email address, impersonate a third-party person or entity, or otherwise mislead Hoosh as to the origin of a communication. Communications violating anything in this Section 3.‎8 shall constitute a violation of these Terms, and may result in the termination of your account at Hoosh’s sole discretion.

By submitting any content or feedback to us through the Website, you grant us a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use that content for any purposes. For the avoidance of doubt, you give to Hoosh, without limitation, a license to reproduce, prepare derivative works, distribute, perform publicly, transmit, broadcast, and display the content and any ideas, concepts, or other materials transmitted by you to Hoosh may be used in any manner, including reproduction, transmission, publication or broadcast without compensation. We have the right, at our sole discretion, to edit or refuse to post content submitted by you. The provisions of this paragraph will survive the termination of these Terms and for the maximum period permitted under applicable law.

2.9 COMPLIANCE WITH LAWS AND INDEMNIFICATION

You agree that your use of any Hoosh Products will comply at all times with all applicable laws and regulations, in all relevant jurisdictions, including, without limitation, under laws and regulations related to product use, resale, marketing, advertising, and/or other forms of promotion. You agree to indemnify, defend, and hold harmless Hoosh and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, losses, liabilities, obligations, costs or expenses (including reasonable attorney's fees), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of and access to any Hoosh Products or the Website, including any data or content transmitted or received by you; (ii) your wilful misconduct; (iii) your violation of any term of these Terms, including without limitation your breach of any of your obligations under this Section ‎2.9; (iv) your violation of any applicable law, rule or regulation; (v) your violation of any third party right, including, without limitation, any right of privacy or intellectual property rights; (vi) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; or (vii) any other party's access and use of the Website with your unique username, password or other appropriate security code.

2.10 ARBITRATION OF CLASS ACTIONS AND JURY TRIAL WAIVER

This Section ‎2.10 applies to customers in the US specifically. If you are a U.S. Customer, please read this section carefully. It requires us to arbitrate disputes and limits the manner in which you can seek relief from Hoosh. For any dispute with Hoosh, you agree to first contact us via email at legal@hoosh.com and attempt to resolve the dispute with us informally. It provides that you and we are agreeing to resolve most disputes through binding individual arbitration instead of court trials and class actions.

Governing Law and Jurisdiction
You and we agree that these Terms evidence a transaction in international commerce and will be interpreted and a dispute arising under these Terms will be enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. New York law will otherwise govern, consistent with the Federal Arbitration Act, regardless of conflict of law rules. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.Any disputes or claims not subject to arbitration, as set forth in this section, will be resolved exclusively in the federal or state courts of New York, New York, and you and we consent to personal jurisdiction in those courts.

Scope
This Section ‎2.10 is intended to be given the broadest interpretation and application to encompass all disputes or Claims arising between us now or in the past, regardless of the legal theory. By using our Website, you agree that any and all Claims arising out of or relating to your use of the Website or any Products, or other products or services provided by Hoosh or our partners (including the interpretation and scope of these Terms and the arbitrability of the dispute), or your relationship with us or any subsidiary, parent or affiliate company or companies, will be resolved via mandatory, binding arbitration unless expressly excluded as set forth below (each a “Claim” and collectively “Claims”).

Opt Out Procedure
Notwithstanding the above, you may opt out of the arbitration requirement within 30 days after these Terms come into effect (the “Opt Out Deadline”), which shall be the earliest of (a) the date you first used the Website, (b) the date you first used our services or purchased our products, or (c) the date you started a relationship with us. You may opt out of the agreement by sending us a written notice by email to legal@hoosh.com with the subject line: “Arbitration - Opt-Out Notice”.

Pre-Dispute Resolution
Prior to initiating any dispute or Claim, whether in arbitration or otherwise, you must first give us an opportunity to resolve any complaints you have by submitting them in writing to legal@hoosh.com. Your email to legal@hoosh.com must contain the following information: (1) your name, (2) your address, (3) the email address you used to make your purchase, (4) your order number, (5) the date of your order, (6) a brief description of the nature of your complaint, and (7) the resolution that you are seeking. Additionally, the subject line of your email must state, “Request Under Arbitration Agreement.” This requirement is intended to inform us that you have a dispute you want to resolve with us. If we are not able to resolve your complaint within 60 days of receiving the proper email, you may seek relief as laid out in these Terms.

Arbitration Procedure
Arbitration shall be initiated through and administered by the American Arbitration Association (“AAA”), unless the AAA declines or is unable, then Hoosh will select an alternative arbitral forum.

We agree that we will pay all filing, administration and arbitrator fees other than the initial filing fee that you must pay to file the initial arbitration demand. If your Claim is for less than $10,000 we will reimburse you for the filing fee if you provide a written request for reimbursement with evidence of insufficient funds to pay the fee yourself. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Hoosh will pay as much of your filing fee in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. Otherwise, we will each bear the fees and expenses of our respective attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.

Arbitration will be conducted in accordance with the AAA’s rules, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by these Terms. The AAA rules and information about arbitration and fees are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

The arbitration will be conducted in English by one arbitrator, who will be appointed by the AAA. For claims under $25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you request an in-person or telephonic hearing or the arbitrator determines that an in-person or telephonic appearance is required. In the case of a hearing, the presumption shall be in favor of a telephonic hearing, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, the hearing shall be conducted in a mutually convenient location. Hoosh will ordinarily request that the hearing be held in New York, New York. You may petition the arbitrator to select an alternative location for the hearing. The arbitrator’s selection of a hearing location shall be final and binding. You agree that in the event of an in-person hearing, any Hoosh Limited employee or affiliate who is based outside of the United States and who is participating in the hearing may participate by telephone or video conference, and his or her physical presence will not be required.

Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Ordinarily, pre-hearing information exchange will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your order and communications directly about that order among you and Hoosh. Any issues regarding discovery, or the relevance or scope thereof, will be determined by the arbitrator, and the arbitrator’s determination will be conclusive.

Arbitration Award
The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favor of you individually and only to the extent necessary to provide relief warranted by your individual claim without affecting other Hoosh customers, and any provisional measures ordered by the arbitrator may be enforced by any court of competent jurisdiction. Nothing in these Terms will prevent you from seeking public injunctive relief separately from arbitration in court pursuant to these Terms, and any such application will not be deemed incompatible with the agreement to arbitrate or as a waiver of the right to arbitrate your individual claims. You and Hoosh agree that any proceedings seeking a remedy of public injunctive relief will proceed after the arbitration of all arbitrable Claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3.3 of the Federal Arbitration Act.

Enforceability of Arbitral Awards
Exclusive venue for any action to determine the enforceability of the arbitration provision in Section ‎3.16 or the arbitrability thereunder of any dispute, or to enforce an arbitral award rendered pursuant to these Terms will be the courts of New York, New York. You agree that New York, New York, is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision in Section ‎3.16 is found to be unenforceable. You agree not to bring any such actions in any other venue and you expressly agree to waive all objections to these venues.

Exceptions to Arbitration Agreement
You and we each agree that the following causes of action and/or claims for relief are exceptions to the Claims covered by the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in these Terms): (i) any claim alleging actual or threatened infringement, misappropriation, or violation of a party’s trade secrets or intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. In addition, to the extent your dispute or Claim qualifies under applicable law, you may elect to proceed in small claims court.

Class Action Waiver
YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, EXCEPT FOR ACTIONS FOR INJUNCTIVE RELIEF AS DESCRIBED BELOW AND IN THIS PARAGRAPH.

Upon motion of one or more affected parties, and after providing all other affected parties an opportunity to be heard, the arbitrator may, in its discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. For the avoidance of doubt, any coordination under the preceding sentence will be limited only to currently-pending arbitrations initiated under these Terms, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing.

If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, this arbitration agreement will be void as to you.

Jury Waiver
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

2.11 RELEASE AND WAIVER OF CLAIMS AND ASSUMPTION OF RISK

In the event of your death or incapacity, these Terms shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns, and representatives.

YOU HEREBY AGREE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TO: (i) waive any and all claims, other than claims for personal injury, that you have or may have in the future against Hoosh resulting from use of the Website and Hoosh Products; and (ii) to release Hoosh from any and all liability from any loss, damage, injury or expense, other than liability for personal injury, that you or any users of the Website and any Hoosh Products may suffer as a result of the use of any of the foregoing, due to any cause whatsoever, including negligence or breach of contract on the part of Hoosh, in the design or manufacture of the Website or of any Hoosh Products.

If you are a customer in the USA, you hereby expressly waive any and all rights and benefits conferred upon you by the provisions of Section 1542 of the Civil Code of California (or any applicable analogous law). Section 1542 states that: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known to him or her must have materially affected his or her settlement with the debtor.”

You and Hoosh understand and agree that claims or facts in addition to or different from those which are now known or believed by each of them to exist may hereafter be discovered, but it is your intention to release all claims you have or may have against Hoosh, other than claims for personal injury, and any and all of its successors, subsidiaries, parents, affiliates, investors, branches or related entities, or those entities' officers, directors, employees, shareholders, partners, members, consultants, agents, legal representatives, advisers, or assigns, whether those claims are known or unknown, suspected or unsuspected, threatened or pending.

2.12 INTELLECTUAL PROPERTY

This Website features trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data (collectively “Intellectual Property”) that are the property of Hoosh, its affiliates or licensors and of third parties. All such Intellectual Property is the property of its respective owner, and you agree not to use that Intellectual Property in any manner without the prior permission of the applicable owner. This Website and all of its content are protected under copyright, trademark and other laws of England and Wales and other countries.

You expressly agree that you are prohibited from, including but not limited to: reproducing, copying, modifying, displaying, adapting, publishing, translating, performing publicly, reverse engineering, transferring, transmitting, broadcasting, distributing, licensing, selling, creating derivative works of, or gifting, in whole or in part, any Intellectual Property.

2.13 WARRANTY LIMITATIONS

Hoosh Products, and the Website, are provided on an "As is" and "As available" basis. Use of the foregoing is at your own risk. To the maximum extent permitted by applicable law and Hoosh expressly disclaims any and all express warranties of any kind, and limits the duration of any and all implied warranties of any kind (including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement), whether related to use of the Website or Hoosh Products. No advice or information concerning the use of any Hoosh products, whether oral or written, obtained by you from Hoosh or through any Hoosh product or service will create any warranty not expressly stated herein. Without limiting the foregoing, and except to the extent prohibited by any applicable laws, Hoosh, its subsidiaries, its affiliates, and its licensors do not warrant that the content or any information on the Website, is or will be complete, accurate, adequate, reliable, useful, timely, or correct; that the Hoosh Products, and the Website, will meet your requirements or be free from defects; that the Website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Hoosh Products, or the Website, is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Website is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Website.

2.14 LIMITATION OF LIABILITY ARE

To the fullest extent permitted under applicable law, you understand and agree that neither Hoosh nor any of its affiliates, agents, directors, employees, suppliers, licensors, or third-party content providers shall be liable for any direct, indirect, incidental, special, exemplary, consequential, punitive or any other damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, relating to or resulting from: 1) purchase and/or use of any Hoosh Products; 2) use of, access to, or inability to use the Website; 3) use or inability to use any other website you access from a link through the Website; or 4) any actions we take or fail to take as a result of email messages you send us; in each case, in an amount exceeding the amount you paid to Hoosh hereunder or $100.00, whichever is greater.

This limitation of liability includes, but is not limited to, damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of profits, loss of data, unauthorized access to and alteration of transmissions and data and any other tangible or intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, or as a result of negligence, or otherwise arise out of or in connection with the use, inability to use, or performance of the information, services, products or materials available from the Website, and even if we or our representatives have been negligent or have been advised of the possibility of such damages. Because some jurisdictions do not allow limitation of liability for consequential or incidental damages, all or some of the above limitations may not apply to you.

We do not exclude our liability for death or personal injury caused by our negligence or breach of our duties under the law, fraud or fraudulent misrepresentation.

2.15 GOVERNING LAW AND DISPUTE RESOLUTION

These Terms, save as otherwise expressly stated in these Terms, will be governed by and interpreted under the laws of England and Wales, without regard to its principles of conflict of laws.

Hoosh reserves the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.

Save for any dispute to be dealt with in accordance with Section ‎2.10, you agree that any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules (the “Rules”), which Rules are deemed to be incorporated by reference into this Section ‎2.15. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English. The governing law of these Terms shall be the substantive laws of England.


2.16 MISCELLANEOUS

Severability: A finding that any term or provision of these Terms is invalid or unenforceable will be removed from these Terms and will not affect the validity or enforceability of the remaining Terms.

Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hoosh without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. No waiver by Hoosh of any breach of this Agreement is effective unless in writing.

Entire Agreement: You agree that these Terms, the Privacy Policy, which are incorporated by reference, constitute the entire agreement between you and Hoosh with respect to the Website, your purchases, and your relationship with Hoosh and that there are no further understandings, agreements, or representations with respect to the Website that are not specified in these Terms.

Notices: All notice required or permitted under these Terms shall be made in writing by mail or by email to: legal@hoosh.com

2.17 SAFETY CONCERNS

If you experience any side effects as a result of using this product, please complete the online form on our website by visiting https://vapevigil.com/producer/hoosh. You may also register a safety concern with the competent authority within your country.



3.0 COOKIES


3.1 WHAT IS A COOKIE?

Hoosh respects the privacy of our users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. These privacy policies (the “Privacy Policy”) are intended to describe for you, as an individual who is a user of edgar.ae, or any of our related sites, mobile and connected applications, or other online services, the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures.

We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy.

If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.

3.2 INFORMATION WE COLLECT ABOUT YOU

Hoosh respects the privacy of our users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. These privacy policies (the “Privacy Policy”) are intended to describe for you, as an individual who is a user of edgar.ae, or any of our related sites, mobile and connected applications, or other online services, the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures.

We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy.

If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.

3.24 SAFETY CONCERNS

If you experience any side effects as a result of using this product, please complete the online form on our website by visiting https://vapevigil.com/producer/hoosh. You may also register a safety concern with the competent authority within your country.