Legal Stuff

The below terms and conditions (“T&C’s”) cover the sale of goods and supply of services (“Agreement”) with Wholesome Kitchen Ltd. (also referred to as “Wholesome Kitchen”, “WK”, “we”, “our”, “us”). The content within our “Legal Stuff” section, specifically the “Terms & Conditions”, “Returns Policy” and “Privacy Policy” pages and all information within should be read fully prior to purchasing a product or products, service or subscription. By selecting the “I have read & agree to the Terms & Conditions” box prior to checking out, you agree to be bound by all terms as outlined in the “Legal Stuff” section of our website, specifically the “Terms & Conditions”, “Returns Policy” and “Privacy Policy” pages.

We reserve the right to review and amend these conditions from time to time and so advise you check regularly for any amendments. Please read these T&C’s carefully. They cancel and replace any previous versions. The are available in the English language only. Please print or save these terms for future use as we cannot guarantee that they will remain accessible on our website in the future. These terms and conditions were last updated on 01st June 2020.

TERMS & CONDITIONS

Introduction

  1. This website is owned and operated by Wholesome Kitchen Ltd. trading as “Wholesome Kitchen”. Our company information is at the end of this document. ‘Wholesome Kitchen’ is a registered trademark
  2. Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
  3. We are legally required to remind Consumers that we are under a legal duty to supply goods that are in conformity with the contract. Furthermore, nothing below affects Consumers’ legal rights in relation to goods that are not in conformity with the contract, whether because they are faulty, not as described or otherwise.
  4. We may change these terms and conditions at any time by posting a new version on our site and/or by emailing them to you. Please check them carefully as they will apply to any recurring deliveries or new orders occurring after the effective date shown

Your Order

  1. Orders are generally processed within 24 hours, once they are received prior to the published cut off times in the ‘frequently asked questions’ section of our website.
  2. Your order is an offer to buy from us on a one-off or recurring delivery basis. You must be at least 18 years of age to open an account or order with us.
  3. You place your order by using the ordering process on our website or our digital services including but not limited to our apps (the term “website” shall hereafter refer to the website and our other digital services). This involves making the selection on our site and transmitting the order to us by clicking on the “Pay Now” button. This process permits you to check and amend any errors before making an order by using the change function and/or the internet browser back button.
  4. You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes. We aim to send out orders as quickly as possible therefore it may be too late to make changes after the point of ordering.
  5. No order placed online is accepted from us until our website displays and order confirmation message. We will send you a confirmation email after your order and this constitutes our acceptance and is the point at which a binding legal contract is formed.
  6. We are not obliged to supply any goods which are unavailable (notwithstanding that we have accepted your offer). If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange a credit or alternative (agreed with you in advance) if you have been charged.
  7. You acknowledge that, for recurring/subscription orders, we will select the relevant meal products for you if you do not make your own selection by the cut-off date/time specified on our site.
  8. Orders may be subject to acceptance based upon a minimum spend and delivery charge below a specific threshold. Wholesome Kitchen reserve the right to amend the existing pricing structure of these or introduce a new pricing structure which will be published on our website.

Your Account

  1. The default method of communication for all correspondence from us will be over email, using the email provided on your account. In certain circumstances we may need to contact you over phone instead.
  2. You must notify us immediately if you know or suspect that someone knows your account password. Ensure that you change your password immediately.
  3. We reserve the right to change your password, suspend or cancel your account if we have reason to believe there has been or could be a breach to our website or if you violate any of our terms and conditions as outlined in the ‘Legal Stuff’ section of our website.
  4. You may cancel your account at any time by contacting us by contacting us via writing (email, webform) or via phone. Suspending or cancelling your account will not effect or remove any rights or liabilities accrued up until that point and any orders submitted prior to cancelling your account will remain binding.

Payment & Price

  1. The price for the goods is as stated on our site at the time you order. VAT is automatically included in the advertised price as per rates specified by Revenue. Certain products and services may be sold at the 0% (Zero) rate as per Revenue legislation.
  2. The following only applies if we charge for delivery: Delivery costs are charged extra at the rate shown on our site at the time you place your order. These will depend on the delivery method chosen. Delivery will be charged for products below a specific total order value as advertised at the point of sale. Free delivery may be offered free of charge if the total order is above a specific value or as part of a promotion.
  3. Payment is required in advance as explained below.
  4. You authorise us and our third-party payment providers to take payment and/or to charge your payment card for the relevant amounts and at the relevant times. Despatch of the goods is subject to our being able to charge your payment card. It is your responsibility to update your payment card details as necessary.
  5. We will take your first payment when we accept your order. If you have purchased a subscription plan, payments will be taken after the relevant cut-off date/time specified on our site (which may change from time to time), depending on the delivery date(s) you select.
  6. Recurring deliveries can be cancelled or changed at any time via the site before the relevant cut-off for a particular delivery (subject to any applicable legal right to cancel set out in the section 2 above).
  7. We may change our prices by giving you notice by email at least 7 days before any price change takes effect. If you do not accept the new price, you should cancel your subscription as explained below as payments taken after the notice period will be at the new price.
  8. You must contact us immediately with full details if you dispute any payment.
  9. By placing an order, you are confirming that you are 18 years of age or older and that the supply of alcohol or any ag restricted products shall not be to anyone under the age of 18 years of age. You will be asked to confirm your age on delivery (by our drivers or our third-party delivery company) of any age restricted products.
  10. We cannot guarantee that all information on our website is accurate or up to date. You rely on it at your own risk. We have the right to change information and update the website at any time. Should there be an advertised price error, we reserve the right to remove that item from your order and offer a refund for the price paid.
  11. We only sell directly to consumers, therefore our products must not be resold under any circumstances.
  12. We reserve the right to refuse deliveries to you and cancel your account where payment(s) have been withheld. You agree to compensate us in full for all reasonable costs and expenses (including legal costs) in obtaining payments that have not been made in accordance to these terms and conditions.

Discount Codes & Credits

  1. We may offer discount codes from time to time. All discount codes refer to the price excluding (if applicable) delivery surcharges and any additional clearly marked surcharges associated with certain meal products that may feature on the menu from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online, (2) cannot be used retrospectively, (3) can only be redeemed once per customer, (4) cannot be redeemed against products sold in the Market and (5) cannot be redeemed against the additional clearly marked surcharges associated with certain meals that may feature on the menu from time to time. Also, you cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
  2. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
  3. We may allocate credit to your account in certain circumstances, e.g. when you sign up, refer a friend or as a marketing incentive. Credits cannot be exchanged for cash and are non-transferable. Credits expire after the time periods specified in the FAQs on our website. The validity period starts from the time the credit is allocated to your account. Any unused credit on your account will automatically expire if your account is closed. Credit can be used against the cost of standard meal plans, the additional surcharges associated with certain meal plans, special delivery surcharges and Market items, and is redeemed automatically upon checkout.
  4. Refer-a-friend credits only apply if the referred user is a third party who has been genuinely referred by you on an arm’s length basis and if the delivery address is to a different address to that of the referrer.
  5. New user credits apply only to the first account opened by you. It must not be used in connection with multiple accounts created or controlled by the same person.
  6. We reserve the right to reject any discount code or credit and/or reclaim the amount of any discount or credit if we consider that it is being used in breach of these terms or is otherwise being abused.
  7. We may occasionally offer customers their nth meal plan free. In order to successfully claim this free meal plan, it must have the same or less monetary value as the first order you purchased, otherwise we reserve the right to withdraw this offer. Any additional surcharges for certain meal plans and the cost of any items from the Market will still be applied in full to this meal plan – the offer applies only to the standard meals per plan.

Delivery

  1. Delivery will be complete when we deliver to the address which you specify when ordering.
  2. Unless otherwise stated, delivery dates given on our website are estimates only. If you are a Consumer, we have no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay.
  3. If there is nobody available to receive/accept the goods, the delivery and/or us company will use reasonable efforts to contact you. If you receive notification of an unsuccessful attempted delivery, unfortunately due to the perishable nature of our products it is not possible to have these returned to us, the delivery depot or to have the delivery company re-attempt a delivery at another time.
  4. Please ensure the delivery address and Eircode and your contact number are correct at the time of ordering and that there will be somebody available to take in the order in the days preceding. All orders will be delivered to customers by our third-party delivery company within 48 hours of WK dispatching the order.
  5. Any perishable food delivered by us will be delivered in insulated packaging with ice packs. This is to ensure the good are kept below 5°C. Delivery box and all products should be kept sealed until you transfer the contents to a refrigerator. It’s important that this is done at your earliest convenience or no later than 7pm on the day your goods were delivered. Where these instructions have not been adhered to, we will not accept any liability for any detriment to the quality or safety of our food.
  6. You must inspect your goods as quickly as possible after delivery and notify us promptly of any issues or errors. We will refund you for any products that you ordered but did not receive, any items received faulty, have been substituted with a product not previously agreed by you or unacceptable to you. However, all liability will be limited solely to the value of the faulty / undelivered goods. It’s important to forward all details of your complaint (including pictures) to us immediately so that we can resolve the matter. Please note risk of damage or loss to the goods passes to you on delivery to you or to somebody identified by you to take possession of the goods.
  7. We reserve the right not to deliver to all locations. We rely on a third part delivery service therefore from time to time we might be notified that an order may not be able to be delivered to a specific address. In this instance we may disable specific locations on our website or in your account. We may also notify you by email or telephone.
  8. We cannot accept any liability for any inconvenience, loss or expense where we are unable to deliver to you, or your order is delivered late for reasons beyond our control (e.g. adverse weather, vehicle breakdown, traffic congestion, supplier failures). We will of refund you for any part of your order which is not delivered, or which has been compromised as a result of the delay.

Warranty & Refunds

  1. We guarantee that our products will be of satisfactory condition and quality (with the exception of defects by your misuse, neglect or by accidents while the goods were in your possession). Please notify us immediately upon receipt of delivery if you are satisfied with the goods delivered to you. If upon examination the are defective or faulty we will of course refund you the price of the individual products (deemed defective/faulty) which you paid for.

Variation in Goods & Nutritional Disclaimer

  1. We will take reasonable care to ensure that products and goods are as described. However, there will be variances with all meals in terms of quality, presentation, weights, nutritional information etc. All product information, labelling and packaging will be updated regularly to ensure this information is kept accurate. We have processes in place and carry out regular checks to ensure consistency however we cannot guarantee that all product attributes are exactly as advertised. Advertised attributes (e.g. product weight, nutritional information etc) are to be used as an average guide only.
  2. We will take reasonable care to ensure that representations and descriptions of goods appearing on our website are correct. We have made reasonable efforts to display as accurately as possible the appearance of our goods. Photos of our meals and products are for display/example purposes only and the end product may appear or be presented differently than illustrated.
  3. The labelling or packaging of the goods you receive may differ from the images of these which you see on our site.
  4. Your use of any information or material on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Health & Dietary Disclaimer

  1. Wholesome Kitchen strongly recommend that you seek medical advice before starting any nutritional or meal plan program. The information provided by WK is not medical advice nor a substitute for medical treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on our website or on any of our marketing material.
  2. If you have any dietary requirements, health issues or concerns, we recommend that you consult with your doctor and/or a qualified dietician prior to purchasing or consuming any of our products/plans.
  3. You should not use Wholesome Kitchen if you are severely underweight, pregnant, breastfeeding, under 18 years of age or have any medical condition or allergen which affects your dietary requirements. Wholesome Kitchen is not liable for any illness or medical reaction caused by contact with or consumption of our food. If you have any type of food allergy, we recommend that you refrain from eating our food products. It is your duty to read all of the ingredients, allergen and nutritional information prior to purchasing and/or consuming our products.
  4. Wholesome Kitchen do not offer medical advice or guidance and all nutritional advice should be taken at the discretion and risk of the consumer/visitor. Reliance on any information provided on our website is solely at your own risk. All educational content, studies, statistics, facts, guidance published will be sourced from reputable sources however is for information purposes only.
  5. Results (such as weight loss, muscle gain etc) from the purchase/consumption of Wholesome Kitchen’s food or meal plans are not guaranteed. We simply provide healthier food options with meal plans and products clearly marked so that you (the consumer) can make an informed choice when purchasing a meal plan to best suit your needs. For the best results, food and meal plans should be combined with daily exercise. Results will vary from person to person due to several factors including but not limited to environment, genetics, metabolic rate and physical exertion.

Liability

  1. You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
  2. Our entire liability under these terms and conditions will not exceed the purchase price of the goods in question. However, nothing in these terms and conditions can limit our liability to your death or personal injury resulting from our negligence or that of our employees, agents or subcontractors.
  3. We accept no liability in terms to representation, including unforeseeable losses, and losses to a business (loss of reputation, profits, expenses, trade or trade opportunities) or to a person / persons.
  4. We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, strikes, adverse weather, acts of God, labour disputes, pandemics, flood, riots, malicious damage, explosion, governmental actions, civil unrest, accident, disruption to energy supplies, equipment, supplier failure, road traffic problems, terrorism, war and any other similar events.
  5. We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where
    • such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
    • such loss or damage is caused by you, for example by not complying with this agreement; or
    • such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).
    • You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
    • Our liability of any kind (including our own negligence) is limited to the price paid for the goods
    • In no event (including our own negligence) will we be liable for any:
    • economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
    • loss of goodwill or reputation;
    • special, indirect or consequential losses; or
    • damage to or loss of data
    • (even if we have been advised of the possibility of such losses).
    • You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.
    • To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
    • This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

Complaints

  1. If you have any complaints, please contact us via the web form on our ‘Contact Us’ page, or email us – hello@wholesomekitchen.com.

Website – Terms of Use

  1. This website is owned and operated by Wholesome Kitchen Limited trading as “Wholesome Kitchen”. Our company information is at the end of this document.
  2. Acceptable use policy. You agree that you will not in connection with our website:
    • breach any applicable law, regulation or code of conduct or infringe any intellectual property or other rights of others;
    • publish or send any information (including links or references to other content), or otherwise behave in a manner, which:
      • is unlawful, defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
      • infringes any intellectual property or other rights of others;
      • involves phishing or scamming or similar; or
      • we otherwise reasonably consider to be inappropriate;
    • sell access to our website;
    • sell advertising, sponsorship or promotions on or in connection with content except where explicitly authorized by us;
    • use our website for junk mail, spam, pyramid or similar or fraudulent schemes;
    • do anything which may have the effect of disrupting our website including worms, viruses, software bombs or mass mailings;
    • do anything which may negatively affect other users’ enjoyment of our website;
    • gain unauthorised access to any part of our website or equipment used to provide our website;
    • use any automated means to interact with our systems excluding public search engines; or
    • attempt, encourage or assist any of the above.
  3. You acknowledge and agree that we may process your personal data in accordance with the terms of our ‘Privacy Policy’ which is subject to change from time to time.
  4. Functioning of our website:
    • We do not guarantee that our website will be uninterrupted or error-free and we are not responsible for any losses arising from such errors or interruptions. We are entitled, without notice and without liability, to suspend the website for repair, maintenance, improvement or other technical reason and to make changes to our website.
  5. Your account
    • If we permit you to create an account on our website, this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
    • We are entitled at any time for any reason and with or without notice to terminate your account on our site. If you wish to have any data stored on you deleted or wish to view a copy of this data, follow the process on the Privacy Policy.
  6. Intellectual property rights
    • All trade marks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on this site are our intellectual property or that of our suppliers, partners or other users. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
    • You must not collect, scrape, harvest, frame or deep-link to any information on our website without our specific prior written consent.
    • You license (i.e. permit) us to use your user generated content both on our own website and also, for marketing purposes, on other channels including different websites, social media and emails. User generated content includes but is not limited to your comments, photos, meal plan ratings and reviews.
  7. Third party websites / advertising / services
    • We may link to third party websites which may be of interest to you and/or include third party advertising on our site and/or use third party-provided services on our site. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use such third-party sites or services at your own risk.

Copyrights & Trademarks

  1. Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by Wholesome Kitchen. Our Website as a whole is protected by copyright. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Wholesome Kitchen aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Wholesome Kitchen, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Wholesome Kitchen. Wholesome Kitchen prohibits use of any logo of Wholesome Kitchen or any of its affiliates as part of a link to or from any Website unless Wholesome Kitchen approves such link in advance and in writing. Fair use of Wholesome Kitchen’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.

Company information

  1. Company name: Wholesome Kitchen Limited
  2. Country of incorporation: Ireland
  3. Registered number: 643211
  4. Registered office and trading address: 21/23 Dominick Street, Mullingar, Co. Westmeath, Ireland, N91 TV04
  5. Other contact information: See our ‘Contact Us’ section of our website.
  6. VAT number: 3593401KH

PRIVACY POLICY

Wholesome Kitchen respects your privacy and is committed to protecting your personal data. This privacy policy aims to give you information on how we collect and look after your personal data when you visit our website (www.WholesomeKitchen.com), when you purchase our meal plans, gift cards, subscriptions or other products and services from us (through our website or by getting in contact with us directly), when you register with us as a customer, when you otherwise contact us and when we deliver the products you have ordered from us. It will also tell you about your privacy rights and how the law protects you. References to “you” or “your” are to you as an individual using our website or otherwise contacting Wholesome Kitchen (either on behalf of yourself, your business or another individual or organisation).

THE DETAIL

  1. IMPORTANT INFORMATION
  2. WHO WE ARE
  3. THE DATA WE COLLECT ABOUT YOU
  4. IF YOU FAIL TO PROVIDE PERSONAL DATA
  5. HOW WE COLLECT YOUR PERSONAL DATA
  6. HOW WE USE YOUR PERSONAL DATA
  7. DISCLOSURES OF YOUR PERSONAL DATA
  8. INTERNATIONAL TRANSFERS
  9. DATA SECURITY
  10. DATA RETENTION
  11. YOUR LEGAL RIGHTS
  12. CONTACT DETAILS AND COMPLAINTS

  1. Important Information

    • It is important that you read this privacy policy together with our Terms and Conditions and Returns policy or fair processing notice we may provide on specific occasions (such as marketing events) 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 the other notices and is not intended to override them.
    • Please note that Wholesome Kitchen may update and amend this privacy policy from time to time and any changes will be posted on our website.
    • 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.
    • Our 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 data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.
    • By accessing and continuing to use the Wholesome Kitchen website, you accept the terms of this privacy policy.

  2. Who We Are

    • Wholesome Kitchen Ltd is a company incorporated in Ireland with company number 643211 / VAT 3593401KH. Our registered office is 21/23 Dominick Street, Mullingar, Co. Westmeath, N91 TV04 and is referred to as “Wholesome Kitchen”, “we”, “us” or “our” in this privacy policy.
    • Wholesome Kitchen is a restaurant and catering company and the provider of healthy meal plans and related products. We operate this website to provide our customers with the ability to purchase from a menu, so that we can deliver meal plans straight to the customer’s office or workplace. We operate our business on a recurring delivery basis. As such, we need certain personal information to be able to provide you with our products and to operate your account.
    • Wholesome Kitchen is a data controller and we are responsible for your personal data. We are bound by applicable data protection laws in respect of the handling and collection of your personal data.
    • 4. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us using the contact details in the CONTACT US section.

  3. The Data We Collect About You

    1. Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data) or data relating to a corporate entity.
    2. If you visit our website, contact us about employment opportunities or to enquire about our products and services or are a customer making contact with us via our website or by telephone or email, we may collect, use, store and transfer different kinds of personal data about you, which we have grouped together as follows:
      • Identity Data may include first name, last name, username or similar
      • Contact Data may include delivery address, delivery instructions, email address and telephone/mobile number.
      • Financial Data may include payment card holder details (CHD), card type, expiry date and the last 4 digits of your card number.
      • Transaction Data may include details about your order history, payment instructions and payment history.
      • Technical Data may include 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, use of cookies or other devices to store and sometimes track information about you (more details on our use of cookies is set out in the Cookies section) and other technology on the devices you use to access this website or our software.
      • Profile Data may include your user id and password, purchases and orders made by you, your browsing history on our website, any event history, your account details, your interests and preferences including the motivation for choosing our product (‘Save Time’ / ‘Eat Healthy’ / ‘Bulk Up’), your dietary preferences (‘Protein-Packed’ / ‘Balanced’ / ‘Vegetarian’ / ‘Vegan’), and food groups that we should exclude (e.g. shellfish), and feedback and survey responses.
      • Usage Data may include information about how you use our website, products and services.
      • Marketing and Communications Data may include your preferences in receiving marketing from us (and our third parties who provide marketing services) and your communication preferences.
    3. Aggregated Data. We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data but is not considered personal data in law as this data does 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 or Transaction Data for financial reporting and analysis. 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.
    4. Special Categories of Personal Data. We do not generally collect any special categories of personal data about you. This includes details about your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, health, sex life or sexual orientation. However, we may process certain special categories of personal data when you:
      • select certain preferences for your meal plans (e.g. your dietary preferences ( ‘Coeliac’ / ‘Vegetarian’ / ‘Vegan’), and food groups that we should exclude (e.g. nuts); and
      • include such information in your CV which you (or a third party) send to us about employment opportunities with us.
    5. Criminal convictions and offences. We do not actively collect any information about criminal convictions and offences.
    6. Children. Our website is not intended for children and in this respect we do not knowingly collect data relating to children.

  4. If You Fail to Provide Personal Data

    1. Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our products or services or open up a customer account). In this case, we may have to suspend or cancel a product or service you have with us but we will notify you if this is the case at the time.

  5. How we Collect Your Personal Data

    1. We use different methods to collect data from and about you including through:
      • Direct interactions. You may give us your Identity, Contact, Financial, Transaction, Profile, Marketing and Communications Data by filling in forms or by corresponding with us by post, phone, email, sms, social media or otherwise. This includes personal data you provide when you:
        • purchase any of our products or services;
        • set up (or begin to set up) a customer account with us;
        • make contact with our sales and support teams via email, telephone or in person;
        • request marking be sent to you;
        • enter a competition, promotion or survey;
        • email us about your interest in a job with us; or
        • give us some feedback.
      • Automated technologies or interactions. As you interact with our website we may automatically collect Technical or Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see the Cookies section.
      • Third parties or publicly available sources. We may receive personal data about you from various other third parties and public sources as set out below:
        • Technical and Usage Data from: (i) analytics providers, such as Google, based outside the EU; (ii) advertising networks; and (iii) social medial such as Facebook, Instagram and Twitter.
        • Identity and Contact Data from social media such as Facebook, Instagram and Twitter (for example when you like one of our posts or comment).
        • Identity, Contact, Financial and Transaction Data from providers of technical, payment and delivery services based inside the EU or within the US (and certified under the EU-U.S. Privacy Shield);

  6. How We Use Your Personal Data

    1. We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
      • Performance of Contract means processing your personal 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.
      • Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best product/service 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 contact us for further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities (please see the CONTACT section).
      • Consent means where we have obtained your agreement to process your personal data. Consent must be freely given, specific, informed and be an unambiguous indication of your wishes for us to process your personal data (this may be collected by you ticking a box). Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending marketing material to you via email, post, phone, sms, and social media. You have the right to withdraw consent to marketing at any time by contacting us (please see the Contact Us page or click the ‘Unsubscribe’ link in the marketing material you received).
      • Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
    2. Marketing. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
      • To our customers:
        We may send marketing material about Wholesome Kitchen and our selected partners (including email promotions and gifts and special offers in your meal plans) to you as a customer. We will only send marketing to people who have previously bought similar products from us or have expressed an interest in our products, and this is in our legitimate interests. We will always give you the option to opt out of receiving this marketing when you first purchase or express an interest in our products and in every marketing communication afterwards. When we market to you we may use your Identity, Contact, Technical, Usage, Profile and Marketing and Communications Data.
        You may receive marketing communications from us after you have requested information from us or opened a customer account and, in each case, you have opted-in to receiving that marketing. You can withdraw your consent at any time (please see the Opting Out / Unsubscribing section).
      • Opting Out / Unsubscribing:
        You can ask us to stop sending you marketing messages at any time by logging into your account (if you are a customer) and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out / unsubscribe links on any marketing message sent to you or by contacting us at any time.
        Where you opt out of receiving these marketing messages, you may still receive messages for other purposes (such as providing the products and services to you).
    3. Cookies. Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our website. By continuing to browse the website, users are agreeing to our use of cookies.
      A cookie is a small file of letters and numbers that we store on your browser or the hard drive of their computer. We only use (and store) non-essential cookies on your computer’s browser or hard drive if you provide your consent.
    4. Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
    5. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you disable or refuse cookies when browsing our website, please note that some parts of our website may become inaccessible or not function properly.
    6. Duration of cookies:

      Session (or Transient) Cookies – Session cookies are stored in your computer’s memory for the length of your browsing session. They become inaccessible after the session has been inactive for a time and are automatically deleted from your computer when the browser is closed. They allow you to move from page to page without having to log-in repeatedly.

      Persistent (or Permanent) Cookies – Persistent cookies are stored in your computer memory and are not deleted when the browser is closed. They are used to keep your preferences for the website, so they will be remembered for next time you visit the website. They are also used to collect information about the numbers of visitors, the average time spent on a page and analyse shopping behaviour on the website. This information is used to find out how well the website works and where it can be improved.

      Flash Cookies (or Locally Shared Objects) – You probably have Adobe Flash installed on your computer. Websites that contain Flash can also store small files on your computer that are used in the same way as cookies. Flash cookies can also back up the data that is stored in other cookies. When you delete cookies, your Flash cookies are not affected. So a website may still recognise you if it backed up the deleted cookie information on a Flash cookie.

    7. We use the following types of cookie:
      • Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make an online payment. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work.
      • Performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.

      The list below details the cookies used by Wholesome Kitchen. We have explained who sets these cookies and their purpose. If the “Party” is not “Wholesome Kitchen”, these are our third party business partners who help us to enhance your browsing experience.

    8. Managing cookies: To enable and manage cookies, you can use your browser to do this. Each browser is different, so check the “Help” menu of your particular browser (or your mobile phone’s handset manual) to learn how to change your cookie preferences.

      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, you can contact us (please see the CONTACT US section).

    9. 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.
    10. 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.

  7. Disclosures of Your Personal Data

    1. For the purposes set out in the HOW WE USE YOUR PERSONAL DATA section we may have to share your personal data with the following parties:
      • External Third Parties such as:­Service providers and developers based in (and outside) Ireland who provide IT and system administration (including email, payment software and hosting) services.
        Specialist suppliers for the packing, dispatch and delivery of our products (based in Ireland). Professional advisers including lawyers, bankers, auditors and insurers based in Ireland who provide consultancy, legal, banking, accounting insurance and services.
        ­ Revenue, regulators, law enforcement bodies, police and other authorities based in Ireland who require reporting of processing activities in certain circumstances (such as criminal activity, suspected or actual fraud or tax evasion).
        ­ Marketing and PR agencies based in Ireland to help us with data analysis, social media marketing and other marketing (including if you agree to a publication / article with us).
      • Specific Third Parties such as Flywheel Hosting a cloud hosting provider, with their server based in Europe, who provide application servers and cloud storage.
      • 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.
    2. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers 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.
    3. We reserve the right to disclose your personally identifiable information as required by law when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process.

  8. International Transfers

    1. We do not process your personal data in any country outside the European Union (EU).
    2. However, certain third parties are based outside of the EU, so their processing of your personal data will involve a transfer of data outside the EU.
    3. Whenever we transfer your personal data out of the EU, we ensure a similar degree of protection is afforded to it 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 by the European Commission.
      • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
      • Where we use providers based in the US, we may transfer data to them if they are part of the EU-U.S. Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.
    4. Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EU.

  9. Data Security

    1. We have put in place appropriate security measures (including SSL technology) 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.
    2. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

  10. Data Retention

    How long will you use my personal data for?

    1. We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
    2. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
    3. We will generally retain our clients’ data for a period of 5 (five) years after a contract has ended, to ensure that we are able to assist you should you have any questions or feedback in relation to our products or services or to protect, or defend our legal rights, or for tax purposes.
    4. Where we have processed your personal data to provide you with marketing communications with consent, we may contact you at least every 12 (twelve) months to ensure you are happy to continue receiving such communications. If you tell us that you no longer wish to receive such communications, your personal data will be removed from our marketing lists (and will be added to a “do not contact” list).
    5. Where we have processed your data for any other reason (such as where you have contacted us with a question in connection with services or in relation to recruitment), we will retain your data for 12 (twelve) months.
    6. In some circumstances you can ask us to delete your data; please see the YOUR LEGAL RIGHTS section for further information.
    7. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
    1. Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights are detailed below:
      • Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
      • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
      • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
      • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. 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: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
      • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
      • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
    2. If you wish to exercise any of the rights set out above, please contact us directly (please see the CONTACT US section).
      • No fee usually required. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
      • 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 may 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.

  12. Contact Details & Complaints

    Company name: Wholesome Kitchen Limited

    Registered office and trading address: 21/23 Dominick Street, Mullingar, Co. Westmeath, Ireland, N91 TV04

    Other contact information: See our ‘Contact Us’ section of our website.

    You have the right to make a complaint at any time to the Data Protection Commissioner, the Irish authority for data protection issues (www.dataprotection.ie). We would, however, appreciate the chance to deal with your concerns before you approach the DPC so please contact us in the first instance.