New Way Marketing, Inc. d/b/a New Way Herbs® is committed to protecting your privacy and developing technology that gives you a powerful and safe consumer experience. This Privacy Policy outlines how New Way Marketing Inc. d/b/a New Way Herbs® (collectively, “New Way” or “we”) collects information, what information New Way collects, how New Way uses it, to whom New Way discloses this information, and how you can access, change and remove your information.

Collection of your Information

New Way may collect personally identifiable information from you in various ways. New Way may use the following sources:

  • by signing up to mailing lists or newsletters at the New Way website;
  • from an online, retail or telephone purchase;
  • when you enter a New Way sponsored sweepstakes or giveaway;
  • when you submit a product return;
  • when you sign up for any New Way loyalty program;
  • from a third party with your consent (e.g., your bank);
  • from our information technology systems (e.g., door entry systems, automated monitoring of our website); and
  • when contacting New Way.

Personally identifiable information refers to information about you that can be used to contact or identify you. It includes, but is not limited to, your name, phone number, email address, postal address, and social networking information. The collected information falls into the following categories:

  • identifiers (e.g., name, alias, postal address, online identifier, Internet Protocol address, email address, account name, or similar identifiers);
  • information that identifies, relates to, describes, or is capable of being associated with a particular individual (e.g., credit card number, telephone number, address, or similar information.
  • characteristics of protected classifications under California or federal law;
  • commercial information (e.g., records regarding goods purchased, or other purchasing histories or tendencies);
  • internet or other electronic network activity (e.g., browsing history, search history, and information regarding a consumer’s interaction with an online site or application, or similar information);
  • geolocation data;
  • audio, electronic, or similar information; and
  • information drawn from any of the above to create a consumer profile that includes characteristics, psychological trends, predispositions, behaviors, or similar information.

New Way may also collect certain non-identifying information, or aggregate information, such as anonymous demographic information including zip codes, dates of birth, customer preferences, information about customer computer hardware and software, as well as information about the links and pages that users access within an New Way website. Certain non-identifying information may be considered personally identifiable information if combined with other information which may enable you to be identified (such as a zip code with a street address); however, the same information when taken alone or combined with other non-identifying information, will be considered non-identifying information.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through New Way operated public message boards or social media accounts, such information may be collected and used by others.

Occasionally New Way will offer links to third party websites. New Way encourages you to review the privacy policies of websites you choose to link to from New Way websites so that you can understand how those websites collect, use, and share your information. New Way is not responsible for the privacy policies or other content on websites other than New Way websites.

Use of your Information

New Way may store and use your personally identifiable information for (i) product or service fulfillment, (ii) voluntary marketing, promotional, and advertising purposes, such as to inform you of products or services available from New Way, (iii) internal operations, such as improving your customer experience – this includes auditing current interactions and optimizing user experience, (iv) detecting security incidents, protecting against malicious, deceptive activity, and taking all necessary and appropriate steps to mitigate current and future risk; (v) debugging and repairing internal information technology as necessary; (vi) undertaking internal research for technological development and demonstration;  and (vii) to share with trusted third party service providers to help New Way perform activities to improve your customer experience with your consent (“Business Purposes”). Third parties are prohibited from using your personal information beyond providing services to New Way and are required to maintain the information’s confidentiality and privacy. The categories of the third parties we share personal information with follow:

  • credit card processors and other companies that help facilitate your transactions; 
  • our banks, insurers, and brokers;
  • companies that provide statistical analysis of your interactions with us;
  • companies that provide customer support, order fulfillment, or arranging for deliveries; and
  • third parties approved by you.

The following categories of information are shared for Business Purposes:

  • identifiers (e.g., name, alias, postal address, online identifier, Internet Protocol address, email address, account name, or similar identifiers);
  • information that identifies, relates to, describes, or is capable of being associated with a particular individual (e.g., credit card number, telephone number, address, or similar information);
  • characteristics of protected classifications under California or federal law;
  • commercial information (e.g., records regarding goods purchased, or other purchasing histories or tendencies);
  • internet or other electronic network activity (e.g., browsing history, search history, and information regarding a consumer’s interaction with an online site or application, or similar information);
  • geolocation data;
  • audio, electronic, or similar information; and
  • information drawn from any of the above to create a consumer profile that includes characteristics, psychological trends, predispositions, behaviors, or similar information.

New Way does not sell, rent, or lease your personally identifiable information to third parties. New Way may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, at your consent, your personally identifiable information would not be transferred to the third party

New Way is not limited in our use of aggregate information that does not permit direct association with any specific individual, such as the number of users of our services, the geographic distribution of our users, the amount of information located or removed, etc.  For example, New Way may use aggregate information concerning which links and pages users access within a New Way website for many reasons including to determine which New Way products and services are the most popular. This data may be used to deliver customized content and advertising to customers whose behavior indicates that they are interested in a particular subject area.

New Way will disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or to comply with legal process served; (b) protect and defend the rights or property of New Way; or (c) act under exigent circumstances to protect the personal safety of users of and New Way website or the public.

Additionally, New Way may disclose personally identifiable information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you).

As with any other business, New Way may merge with or be purchased by another company.  If New Way is acquired, the company that acquires us would have access to the information maintained by us, including personally identifiable information, but would continue to be bound by this Policy unless and until it is amended.

Requests to New Way

New Way strives to not only provide you with excellent experience; but also strives to do so in an ethical, lawful, and sustainable manner. Part of this is responding to data requests and providing you with certain information under various data protection and security laws (“Data Subject Request”). This Policy outlines how you can receive the information and what you can receive.

If you would like to submit a Data Subject Request, you can do so by email to customerservice@newwayherbs.com.  You can also call New Way, toll-free, at (800) 320-0270. If you submit a Data Subject Request by email or phone you must provide us with enough information to identify you [(e.g., New Way profile information, order number)] and enough specificity on the requested data. New Way will only use the information it receives for verification. New Way will not be able to disclose information if it can not verify that the person making the Data Subject Request is the person about whom we collected information, or someone authorized to act on such person’s behalf.

You may submit a Data Subject Request to receive information about New Way’s data collection practices. You may request information on the categories of personal information New Way has collected about you; the categories of data collection sources; New Way’s business or commercial purpose for collecting or selling personal information; the categories of third parties with whom New Way shares personal information, if any; and the specific pieces of personal information we have collected about you. If you would like to also receive information about New Way’s data disclosure for Business Purpose, then please include that in the Data Subject Request. New Way will clarify whether the information was collected and disclosed or simply collected and kept internally. 

Please note that the categories of personal information and sources will not exceed what is contained in this Privacy Policy. Additionally, New Way is not required to retain any information about you if it is only used for a one-time transaction and would not be maintained in the ordinary course of business. New Way is also not required to reidentify personal information if it is not stored in that manner already, nor is it required to provide the personal information to you more than twice in a twelve-month period.

You may request that New Way delete your personal information. Your deletion request should be submitted through a Data Subject Request. Subject to certain exceptions set out below we will, on receipt of a verifiable Data Subject Request, delete your personal information from our records and direct any service providers to do the same.

Please note that we may not delete your personal information if it is necessary to:

  • complete the transaction for which the personal information was collected;
  • provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
  • detect security incidents, protect against malicious, deceptive activity, and take all necessary and appropriate steps to mitigate current and future risk; 
  • debug and repair internal information technology as necessary; 
  • undertake internal research for technological development and demonstration;
  • exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; 
  • comply with the California Electronic Communications Privacy Act;
  • engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
  • enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
  • comply with an existing legal obligation; or
  • otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

New Way may not, and will not, treat you differently because you of your Data Subject Request activity. As a result of your Data Subject Request activity, we may not and will not deny goods or services to you; charge different rates for goods or services; provide a different level quality of goods or services; or suggest any of the preceding will occur. However, we can and may charge you a different rate, or provide a different level of quality, if the difference is reasonably related to the value provided by your personal information.

Security Protections for your Information

New Way takes the security of your personal information very seriously.  New Way uses reasonable administrative, physical, and technical safeguards to secure the personal information you share with us. Despite these safeguards and our additional efforts to secure your information, New Way cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your personal information.

The security of your New Way website account relies on your protection of your user profile information.  You are responsible for maintaining the security of your user profile information, including your password and for all activities that occur under your account. You may not share your password with anyone.  We will never ask you to send your password or other sensitive information to us in an email, though we may ask you to enter this type of information on an New Way website.

Any email or other communication purporting to be from our website requesting your password or asking you to provide sensitive account information via email, should be treated as unauthorized and suspicious and should be reported to us immediately by emailing customerservice@newwayherbs.com. If you believe someone else has obtained access to your password, please change it immediately by logging in to your account and report it immediately by customerservice@newwayherbs.com.

Use of Cookies or Similar Technology

The New Way website works with a first party cookie that collects anonymous traffic data, a form of aggregate information. “Cookies” are simple text files stored on your computer for use by a browser. New Way may use “cookies” to assist in data collection and to track visitor website usage and trends to help us better serve you. If you reject cookies, you will still be able to view our websites, but your ability to use some areas of the websites will be limited. Some of our business partners and publishers (e.g., analytical tracking software providers) use cookies and tracking technologies on our websites. We have no access to or control over these third party cookies or tracking technologies. This Policy covers the use of cookies on our websites by us only and does not cover the use of cookies or tracking technologies by any such business partner.

We may also use cookies, pixels, beacons, or other web tracking technologies to track the amount of time spent on our website or social media and whether certain content, such as a video was viewed. We may work with a trusted third party to collect and process this information for us, based on our instructions and in compliance with this Privacy Policy.

When you visit New Way’s website, New Way automatically collects the name of the website you visited from (called the “referring page”) and the name of the website you chose to visit immediately after ours (called the “exit page”), and information about other websites you have recently visited. This information is used to improve our website, but we cannot identify you from any information we receive from cookies. Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, and our websites are not currently set up to respond to those signals for tracking on our websites.

Participation in Interest-Based Advertising

New Way may also participate in interest-based advertising using similar technology. Therefore, you may see advertising on our websites tailored to how you browse or shop, or you may see advertising for New Way and its properties on other websites based on your browsing behavior across websites. Some websites where we may advertise belong to ad networks that use your web browsing history to choose which ads to display on their network websites; these ads include advertising for New Way and its websites, but no personal information about you is shared with those third party ad networks. Other websites where you see our ads, such as Facebook, may use interest preferences that you have chosen on those sites, as well as registration and other information about you, to choose which ads to display to you. Some internet browsers, websites such as Facebook and mobile devices offer opt-outs for interest-based advertising. Please refer to the website that you are visiting, your browser, or your device settings for additional information.

You can opt-out of receiving interest-based ads from third parties who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI website (http://www.networkadvertising.org/choices/) and DAA website (http://www.aboutads.info/choices/).

Opt-Out/Unsubscribe

You can opt-out or unsubscribe from receiving email correspondence from New Way at any time by following the instructions contained in any email received. It may take time to process opt-out requests, so you may receive emails from New Way after your opt-out request.

Children’s Privacy

New Way’s websites are not targeted for use by children under the age of 18.  New Way does not knowingly collect personal information from children in connection with the features of our websites without the consent of a parent or guardian. New Way requests that all visitors under 18 to our websites to not disclose or provide any personally identifiable information. Upon notification that a child under 18 has provided us with personally identifiable information, we will delete the child’s personally identifiable information from our records.

Special Notice for California Residents

In addition, if you are a California resident under the age of 18 and are a registered user, you may request us to remove content or information posted on our websites or stored on our servers by (a) submitting a request in writing to customerservice@newwayherbs.com and (b) clearly identifying the content or information you wish to have removed and providing sufficient information to allow us to locate the content or information to be removed. However, please note that we are not required to erase or otherwise eliminate content or information if (i) other state or federal laws require us or a third party to maintain the content or information; (ii) the content or information was posted, stored, or republished by another user; (iii) the content or information is anonymized so that the minor cannot be individually identified; (iv) the minor does not follow the instructions posted in this Privacy Policy on how to request removal of such content or information; and (v) the minor has received compensation or other consideration for providing the content. Further, nothing in this provision shall be construed to limit the authority of a law enforcement agency to obtain such content or information.

Users Outside the United States

New Way is based in the United States, and our website is hosted here.  If you are visiting our website from another country, the laws governing our website’s collection and use of personal information may be different from the laws of your country.  If you decide to visit our website, or share your personal information with New Way, you are agreeing to be governed by the laws of the United States, and you are expressly consenting to the transfer of your data to the United States.

Changes to this Statement

New Way will occasionally update this Privacy Policy. New Way encourages you to periodically review this Privacy Policy to be informed of how New Way is using and protecting your information. At a minimum, this Privacy Policy will be updated every twelve months.

Contact Information

New Way welcomes your comments regarding this Privacy Policy. If you believe that New Way has not adhered to this Privacy Policy, please contact New Way at customerservice@newwayherbs.com. We will use commercially reasonable efforts to determine and remedy the problem promptly.

Updated: June 18, 2020