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PRIVACY POLICY

Introduction

Welcome to the privacy policy of AIR IP Holdings Limited, the operator of shisha.com.

We respect your privacy and are committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

  1. Important information and who we are

    Purpose of this privacy policy

    This privacy policy aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website when you sign up for an account, purchase a product or service, take part in a competition or post comments/ content on the interactive parts of the website.

    This website is intended for users aged 18 and above and we do 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 and Contact Details

    The controller and entity responsible for the collection and use of your personal data is AIR IP Holdings Limited, Unit OT 20-33, Level 20, Central Park Offices, Dubai, United Arab Emirates, dataprivacy@shihsa.com (collectively referred to as the “Company”, "we", "us" or "our" in this privacy policy).

    We have appointed a data privacy manager who is responsible for overseeing questions in relation to 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 on dataprivacy@shisha.com.

    You have the right to make a complaint at any time to your local regulator for data protection issues. If you are resident in the UK this is the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). If you are resident in Germany the supervisory landscape under data protection law in Germany is federally structured. In addition to the supervision of the state and local authorities, the non-public sector is basically supervised by the state data protection authorities. The contact data for your state can be accessed under www.bfdi.bund.de. We would, however, appreciate the chance to deal with your concerns before you approach the data regulator so please contact us in the first instance.

    Changes to the privacy policy and your duty to inform us of changes

    Please refer to the validity date of this privacy policy at the bottom of the text. As we keep our privacy policy under regular review, historic versions can be obtained by contacting us at dataprivacy@shisha.com.

    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

    This 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.

  2. The data we collect about you

    When you access or are directed to our website, various information is exchanged between your terminal and our server. This may include personal data. The information collected in this way is used, among other things, to implement a contract we may have with you, or to optimise our website or to display advertising in the browser of your terminal.

    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 together as follows:

    • Identity Data includes [first name, last name, username (if you choose to set up an account) date of birth, age and gender.
    • Contact Data includes email address and telephone numbers.
    • Financial Data includes [bank account and payment card details (to the extent the Website offers paid for services/ online sales).
    • 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 this website.
    • Profile Data includes your username and password, your interests, preferences, feedback and survey responses.
    • Usage Data includes information about how you use our 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, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

  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 email. This includes personal data you provide when you:
      • apply for our products or services;
      • create an account on our website;
      • subscribe to our service or 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 our 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. Please see our cookie policy here for further details.
    • Third parties or publicly available sources. We will receive personal data about you from various third parties as set out below:
      • Technical Data from analytics providers such as Google based outside the UK; and
      • Contact, Financial and Transaction Data from providers of technical, payment and delivery services (if the Website offers paid for services/ online sales).
  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.

    See the Glossary at paragraph 10 to find out more about the types of lawful basis that we will rely on to process your personal data.

    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 for the future free of charge by contacting us at dataprivacy@shisha.com.

    Purposes for which we will use your personal data

    We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

    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 at dataprivacy@shisha.com if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

    Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
    To register you as a new customer (a) Identity
    (b) Contact
    Performance of a contract with you
    To process and deliver your order including (if the Website offers paid for services/ online sales):
    (a) Manage payments, fees and charges
    (b) Collect and recover money owed to us
    (a) Identity
    (b) Contact
    (c) Financial
    (d) Transaction
    (e) Marketing and Communications
    (a) Performance of a contract with you
    (b) Necessary for our legitimate interests (to recover debts due to us)
    To manage our relationship with you which will include:
    (a) Notifying you about changes to our terms or privacy policy
    (b) Asking you to leave a review or take a survey
    (a) Identity
    (b) Contact
    (c) Profile
    (d) Marketing and Communications
    (a) Performance of a contract with you
    (b) Necessary to comply with a legal obligation
    (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
    To enable you to take part in a prize draw, competition or complete a survey (a) Identity
    (b) Contact
    (c) Profile
    (d) Usage
    (e) Marketing and Communications
    (a) Performance of a contract with you
    (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
    To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity
    (b) Contact
    (c) Technical
    (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
    (b) Necessary to comply with a legal obligation
    To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you (a) Identity
    (b) Contact
    (c) Profile
    (d) Usage
    (e) Marketing and Communications
    (f) Technical
    Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
    To use data analytics to improve our website, products/services, marketing, customer relationships and experiences (a) Technical
    (b) Usage
    Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
    To make suggestions and recommendations to you about goods or services that may be of interest to you (a) Identity
    (b) Contact
    (c) Technical
    (d) Usage
    (e) Profile
    (f) Marketing and Communications
    Necessary for our legitimate interests (to develop our products/services and grow our business)

    Marketing

    We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

    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 given your consent, if you have requested information from us or purchased goods or services from us and we manage you as an existing customer, and if you have not opted out of receiving that marketing. We may also process your data in order to send you information for our own similar products without your express consent.

    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 for the future free of charge by following the opt-out links on the footer of any marketing message sent to you or by contacting us at any time at dataprivacy@shisha.com.

    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/service purchase, product/service experience or other transactions.

    Cookies

    Cookies are small files automatically created by your browser and stored on your end device when you visit our website or are redirected to our website. The use of cookies serves to make the use of our website more pleasant for you. Most browsers accept cookies automatically.

    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 this website may become inaccessible or not function properly. For more information about the cookies we use, please see here.

  5. Disclosures of your personal data

    We may share your personal data with the parties set out below for the purposes set out in the table above.

    Internal Third Parties

    Other companies in the AIR IP Holdings Limited Group and who are based both in the EEA and outside the EEA and provide IT and system administration services and undertake leadership reporting.

    External Third Parties

    • Service providers acting as processors based in the EU and the US who provide IT and system administration services, rewards and loyalty functionality (e.g Yotpo) and marketing communications automation (e.g Hubspot).
    • Professional advisers acting as processors including lawyers, bankers, auditors and insurers based in both the EEA and outside of the EEA (including the UAE) who provide consultancy, banking, legal, insurance and accounting services.
    • Regulators and other authorities based both in the EEA and outside the EEA (including the UAE) who require reporting of processing activities in certain circumstances.
    • 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. Our current service partners and their tasks can be found in the updated list which will be made available to you on request at the e-mail address privacy@shisha.com.

  6. International transfers

    We share your personal data within the AIR IP Holdings Limited Group. This may involve transferring your data outside the EEA.

    In addition, some of our external third parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.

    Whenever we transfer your personal data out of the EEA, 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; or
    • Where we use certain service providers, we may use specific contracts approved for use in the EEA which give personal data the same protection it has in the EEA.
    • Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
  7. Data security

    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.

  8. 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 fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements or until you have objected to the processing, if applicable. 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 in respect to our relationship with you. Under certain legal provisions, data storage may last up to 10 years.

    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, regulatory, tax, accounting or other requirements.

    Details of retention periods for different aspects of your personal data are available by contacting us at dataprivacy@shisha.com.

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

    In some circumstances we will 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.

  9. Your legal rights

    You have the right to:

    • Access your personal data and information on the personal data stored, the purpose of processing, the category of personal data and recipients to whom the data have been or will be disclosed, the planned storage period and eventually the origin of your data if not collected directly from you;
    • Request correction of inaccurate personal data or completion of accurate personal data;
    • Request deletion of your personal data, insofar as no legal or contractual retention periods are to be observed;
    • Object to processing of your personal data or request restriction of processing your personal data ; and/or
    • Request transfer of your personal data to anther controller.

    If you wish to exercise any of the rights set out above, please email us at dataprivacy@shisha.com. In addition, in any case data processing may be objected to on grounds arising from reasons of overriding importance (e.g. possible risk to life or health). In addition, you have the option of contacting the supervisory authority responsible, or the data protection officer(s).

    These legal rights are described in more detail in the glossary at paragraph 10.

    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.

  10. 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/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

    Performance of Contract may justify 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 may include the processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

    YOUR LEGAL RIGHTS

    You have the right to:

    Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

    Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

    Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

    Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. 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.