Terms & Conditions

Application

1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are The Happy Healthy Unicorn Limited whose trading name is Blossom Health a company registered in England and Wales under number 15522312 whose registered office is at 14 Copper tree court,  Loose,  Kent, ME15 9RW  with email address [email protected]; (the Supplier or us or we).
2. These are the terms on which we sell all Services to you.  By ordering any of the Services, you agree to be bound by these Terms and Conditions.  You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

• Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
• Contract means the legally-binding agreement between you and us for the supply of the Services;
• Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
• Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
• Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
• Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;
• Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
• Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
• Website means our website www.blossoms.health on which the Services are advertised.

Services

1. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
2. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
3. All Services which appear on the Website are subject to availability.
4. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer Responsibilities

1. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
2. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Personal Information

1. We retain and use all information strictly under the Privacy Policy.
2. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

• The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
• The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
• A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
• Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
• No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
• We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Fees and Payment

• The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
• Fees and charges include VAT at the rate applicable at the time of the Order.
• You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.

Withdrawal  and Cancellation

• You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
• This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
  • foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
  • goods that are made to your specifications or are clearly personalised;
  • goods which are liable to deteriorate or expire rapidly.

Conformity

• We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
• Upon delivery, the Goods will:
  • be of satisfactory quality;
  • be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
  • conform to their description.
• It is not a failure to conform if the failure has its origin in your materials.
• We will supply the Services with reasonable skill and care.
• We will provide the following after-sales service: The supplier will support the customer throughout the term of the agreed plan.
• In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Duration, Termination and Suspension

• The Contract continues as long as it takes us to perform the Services or as long as agreed between the customer and supplier.
• Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
  • commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
  • is subject to any step towards its bankruptcy or liquidation.
• On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Online Commerce

• Some sections of the Site may offer you the option to buy various products and services provided by third parties. We are not accountable for the quality or any other aspect of these products and services. If you make a purchase from a merchant on the site, both the merchant and we may collect the information obtained during your visit to the merchant’s online store or site, as well as the information you provide during the transaction, such as your credit card number and contact information. Merchants may have privacy and data collection practices that differ from ours. We are not responsible for these independent policies. Additionally, when you buy products or services on or through the site, you may be subject to additional terms and conditions specific to your purchase or use of such products or services. For more information about a merchant, its online store, its privacy policies, and any additional terms and conditions that may apply, visit the merchant’s website and click on its information links or contact the merchant directly. By purchasing or using any products or services made available by third parties through the site, you release us and our affiliates from any damages that may occur, and agree not to assert any claims against us or them arising from your purchase or use of any products or services.
• Any participation, correspondence, or business dealings with a third party found on or through our site concerning payment and delivery of specific goods and services, and any other terms, conditions, representations, or warranties associated with such dealings, are solely between you and such third party. You agree that the Company shall not be responsible or liable for any loss, damage, or any other matters incurred as a result of such dealings.
• You are responsible for all purchases made by you or someone acting on your behalf through the site. You agree to use the site and to purchase services or products through the site for legitimate, non-commercial purposes only. You agree not to make any purchases for speculative, false, or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Registrations:

• To access specific site features, we may request demographic details like gender, year of birth, and address. If you sign up for certain features and downloads, you’ll need to provide personally identifiable information like your name and email address. You must ensure the accuracy and completeness of the information you provide. Failure to do so may result in the suspension or termination of your account and the refusal of any future use of the site. Any personally identifiable information provided during the registration process is subject to our Privacy Policy.

Passwords:

• To access certain site features, you’ll need a username and password, which you’ll receive during the registration process. You are responsible for keeping your password and account information confidential and for any activities that occur under your account. You must notify us immediately of any unauthorised use of your password or account and ensure that you log out of your account at the end of each session. We are not liable for any loss or damage resulting from your failure to protect your password or account information.

Circumstances Beyond the Control of Either Party

• In the event of any failure by a party because of something beyond its reasonable control:
  • the party will advise the other party as soon as reasonably practicable; and
  • the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).

Privacy

• Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
• These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy and Data protection policy.
• For the purposes of these Terms and Conditions:
  • ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
  • ‘GDPR’ means the UK General Data Protection Regulation.
  • ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
• We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
• Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
  • before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
  • we will only Process Personal Data for the purposes identified;
  • we will respect your rights in relation to your Personal Data; and
  • we will implement technical and organisational measures to ensure your Personal Data is secure.
• For any enquiries or complaints regarding data privacy, you can e-mail: [email protected].

Limitation of Liability

• We are not liable for any damages resulting from the use of the site, including third-party materials or services.
• The site is continually under development, and we make no warranty regarding its accuracy or completeness.
• The health and wellness information on this site is for educational purposes only and should not replace professional medical advice.
• Nothing on this site is intended to be the practice of medical or counselling care.

Governing Law, Jurisdiction and Complaints

• The Contract (including any non-contractual matters) is governed by the law of England and Wales.
• Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
• We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days..

Privacy Notice

The company hold some information about you. This document outlines how that information is used, who we may share that information with and how we keep it secure. This notice does not provide exhaustive detail. However, we are happy to provide any additional information or explanation needed. Any requests for this should be sent to me at [email protected]. The Privacy Notice is kept under regular review. This Privacy Notice was last reviewed in March 2024.

What we Do

We provide nutritional therapy and lifestyle guidance to clients to improve their health through diet and lifestyle interventions. We focus on preventative healthcare, the optimisation of physical and mental health and chronic health conditions. Through naturopathic nutritional therapy consultations, dietary and lifestyle analysis and biochemical testing, we aim to understand the underlying causes of your health issues which we seek to address through personalised dietary therapy, nutraceutical prescription (supplements) and lifestyle advice.

1. How we Obtain Your Personal Data

Information provided by you

You provide us with personal data in the following ways:

• By completing a nutritional therapy questionnaire

• By signing a terms of engagement form

• During a nutritional therapy consultation

• Through email, over the telephone or by post

• This may include the following information:

• basic details such as name, address, contact details and next of kin

• details of contact I have had with you such as referrals and appointment requests

• health information including your previous medical history, dietary, lifestyle, supplement and medicine details, biochemical test results, clinic notes and health improvement plans

• GP contact information

We use this information in order to provide you with direct healthcare. This means that the legal basis of us holding your personal data is for legitimate interest.

Following completion of your healthcare we retain your personal data for the period defined by our professional association FNTP registrant body, GRCCT. This enables us to process any complaint you may make. In this case the legal basis of our holding your personal data is for contract administration.

Information we get from other sources

We may obtain sensitive medical information in the form of test results from biochemical testing companies (laboratories). We use this information in order to provide you with direct healthcare. This means that the legal basis of our holding your personal data is for legitimate interest.

We may obtain sensitive information from other healthcare providers. The provision of this information is subject to you giving me your express consent. If we do not receive this consent from you, we will not be able to coordinate your healthcare with that provided by another provider (practitioner) which means that the healthcare provided may be less effective.

Consent to discuss your case with another of your health care providers will always be asked for separately.

2. How we use your personal data

We act as a data controller for use of your personal data to provide direct healthcare. We also act as a controller and processor in regard to the processing of your data from third parties such as testing companies/laboratories and other healthcare providers.

We undertake at all times to protect your personal data, including any health and contact details, in a manner which is consistent with my duty of professional confidence and the requirements of the General Data Protection Regulation (GDPR) concerning data protection. We will also take reasonable security measures to protect your personal data storage.

We may use your personal data where there is an overriding public interest in using the information e.g. in order to safeguard an individual, or to prevent a serious crime. Also where there is a legal requirement such as a formal court order.

3. Do you share my information with other organisations?

We will keep information about you confidential. We will only disclose your information with other third parties with your express consent with the exception of the following categories of third parties:

• Registrant body, GRCCT, and professional association, FNTP, for the processing of a complaint made by you

• Any contractors and advisors that provide a service to me or act as my agents on the understanding that they keep the information confidential

• Anyone to whom we may transfer our rights and duties under any agreement we have with you

• Any legal or crime prevention agencies and/or to satisfy any regulatory request (e.g. GRCCT) if we have a duty to do so or if the law allows ua to do so

• We may share your information with supplement companies and biochemical testing companies as part of providing you with direct healthcare. We will not include any sensitive information

We will seek your express consent before sharing your information with your GP or other healthcare providers. However, if we believe that your life is in danger then we may pass your information onto an appropriate authority (such as the police, social services in the case of a child or vulnerable adult, or GP in case of self-harm) using the legal basis of vital interests.

4. What are your rights?

Every individual has the right to see, amend, delete or have a copy, of data held that can identify you, with some exceptions. You do not need to give a reason to see your data.

If you want to access your data you must make a subject access request in writing to us at [email protected] Under special circumstances, some information may be withheld.

We shall respond within 20 working days from the point of receiving the request and all necessary information from you. Our response will include the details of the personal data we hold on you including:

• Sources from which we acquired the information

• The purposes of processing the information

• Persons or entities with whom we have shared the information

You have the right, subject to exemptions, to ask to:

• Have your information deleted

• Have your information corrected or updated where it is no longer accurate

• Ask us to stop processing information about you where we are not required to do so by law or in accordance with the FNTP and GRCCT guidelines.

• Receive a copy of your personal data, which you have provided to us, in a structured, commonly used and machine readable format and have the right to transmit that data to another controller, without hindrance from me.

• Object at any time to the processing of personal data concerning you

We do not carry out any automated processing, which may lead to automated decision based on your personal data.

If you would like to invoke any of the above rights then please email [email protected]

5. What safeguards are in place to ensure data that identifies me is secure?

We only use information that may identify you in accordance with GDPR. This requires us to process personal data only if there is a legitimate basis for doing so and that any processing must be fair and lawful. Within the health sector, we also have to follow the common law duty of confidence, which means that where identifiable information about you has been given in confidence, it should be treated as confidential and only shared for the purpose of providing direct healthcare. We will protect your information, inform you of how your information will be used, and allow you to decide if and how your information can be shared.

We ensure external data processors that support us are legally and contractually bound to operate and prove security arrangements are in place where data that could or does identify a person are processed.

I am registered with the Information Commissioner’s Office (ICO) as a data controller and collect data for a variety of purposes. A copy of the registration is available through the ICO website.

6. How long do you hold confidential information for?

All records held by us will be kept for the duration specified by guidance from my professional association FNTP.

7. Complaints

If you have a complaint regarding the use of your personal data then please contact us at [email protected] and we will do our best to help you.

If your complaint is not resolved to your satisfaction and you wish to make a formal complaint to the Information Commissioner’s Office (ICO), you can contact them on 01625 545745 or 0303 1231113.

Data Protection Policy

1. Introduction

1.1 Purpose of Policy

We need to gather and use certain information about individuals.

These can include clients, suppliers, employees and other people that we have a business relationship with or may need to contact.

This policy describes how this personal data will be collected, handled and stored to comply with the General Data Protection Regulation.

1.2 Policy Statement

We are committed to a policy of protecting the rights and privacy of clients, staff and others in accordance with General Data Protection Regulation.

We commit to:

• comply with both the law and good practice

• respect individuals’ rights

• be open and honest with individuals whose data is held

• provide training and support to staff who handle personal data, so that they can act confidently and consistently

• register our details with the Information Commissioner’s Office (ICO)

1.3 Personal Data

We may hold data for the following purposes:

– Provision of direct healthcare

– Case histories

Special categories of data included race, ethnic origin, politics, religion, trade union membership, genetics, biometrics (where used for ID purposes), health and sexual orientation.

From the above list we may hold special category data for the following purposes:

– Provision of direct healthcare

1.4 Data Protection Principles

There are six data protection principles that are core to the General Data Protection Regulation.

We will make every possible effort to comply with these principles at all times in my information handling practices. The principles are:

1) Lawful, fair and transparent. Data collection must be fair, for a legal purpose and we must be open and transparent as to how the data will be used.

2) Limited for its purpose. Data can only be collected for a specific purpose.

3) Data minimisation. Any data collected must be necessary and not excessive for its purpose.

4) Accurate. The data we hold must be accurate and kept up to date.

5) Retention. We cannot store data longer than necessary.

6) Integrity and confidentiality. The data we hold must be kept safe and secure.

1.5 Key risks

The main risks are in two key areas:

• information about individuals getting into the wrong hands, through poor security or inappropriate disclosure of information

• individuals being harmed through data being inaccurate or insufficient

2 Responsibilities

I am the data controller for all personal data held by me and I am responsible for:

• Analysing and documenting the type of personal data I hold

• Checking procedures to ensure they cover all the rights of the individual

• Identifying the lawful basis for processing data

• Ensuring consent procedures are lawful

• Implementing and reviewing procedures to detect, report and investigate personal data breaches

• Storing data in safe and secure ways

• Assessing the risk that could be posed to individual rights and freedoms should data be compromised

3 Data Recording, Security and Storage

3.1 Data accuracy and relevance

We will ensure that any personal data we process is accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. We will not process personal data obtained for one purpose for any unconnected purpose unless the individual concerned has agreed to this or would otherwise reasonably expect this.

3.2 Data security

We will keep personal data secure against loss or misuse. Where other organisations process personal data as a service on my behalf, we will establish what, if any, additional specific data security arrangements need to be implemented in contracts with those third-party organisations.

3.3 Storing data securely

• In cases when data is stored on printed paper, it will be kept in a secure place (locked filing cabinet in locked alarm protected office) where unauthorised personnel cannot access it

• Printed data will be shredded when it is no longer needed

• Data stored on a computer will be protected by strong passwords that are changed regularly.

• Data stored on CDs or memory sticks will be encrypted or password protected and locked away securely when they are not being used

• Any Cloud services used to store personal data will be assessed for compliance with GDPR principles. An authenticator app will be used to access cloud data.

• Servers containing personal data must be kept in a secure location, away from general office space

• Data will be regularly backed up.

• All servers containing sensitive data must be protected by security software

• All possible technical measures will be put in place to keep data secure

3.4 Data retention

We will retain personal data for no longer than is necessary. This shall be in accordance with the guidelines of my professional association FNTP.

4 Accountability and Transparency

We will ensure accountability and transparency in all our use of personal data. We will keep written up-to date records of all the data processing activities that we do and ensure that they comply with each of the GDPR principles.

We will regularly review my data processing activities and implement measures to ensure privacy by design including data minimisation, pseudonymisation, transparency and continuously improving security and enhanced privacy procedures.

5 Consent

We will ensure that consents are specific, informed and plain English such that individuals clearly understand why their information will be collected, who it will be shared with, and the possible consequences of them agreeing or refusing the proposed use of the data. Consent will be granular to provide choice as to which data will be collected and for what purpose. We will seek explicit consent wherever possible.

We will maintain an audit trail of consent by documenting details of consent received including who consented, when, how, what, if and when they withdraw consent.

We will regularly review consents and seek to refresh them regularly or if anything changes.

6 Direct Marketing

We will comply with both data protection law and Privacy and Electronic Communication Regulations 2003 (PECR) when sending electronic marketing messages. PECR restricts the circumstances in which we can market people and other organisations by phone, text, email or other electronic means.

We will seek explicit consent for direct marketing. We will provide a simple way to opt out of marketing messages and be able to respond to any complaints.

7 Subject Access Requests

7.1 What is a subject access request?

An individual has the right to receive confirmation that their data is being processed, access to their personal data and supplementary information which means the information which should be provided in a privacy notice.

7.2 How to deal with subject access requests

We will provide an individual with a copy of the information requested, free of charge. This will occur within one month of receipt. I endeavour to provide data subjects access to their information in commonly used electronic formats.

If complying with the request is complex or numerous, the deadline can be extended by two months, but the individual will be informed within one month.

We can refuse to respond to certain requests, and can, in circumstances of the request being manifestly unfounded or excessive, charge a fee. If the request is for a large quantity of data, we can request the individual specify the information they are requesting.

Once a subject access request has been made, we will not change or amend any of the data that has been requested. Doing so is a criminal offence.

7.3 Data portability requests

We will provide the data requested in a structured, commonly used and machine-readable format. This would normally be a photocopy, word or PDF file, although other formats are acceptable. We must provide this data either to the individual who has requested it, or to the data controller they have requested it be sent to within one month.

8 Transferring data internationally

There are restrictions on international transfers of personal data. We will not transfer personal data abroad without express consent.

9 Third Parties

9.1 Using third party controllers and processors

As a data controller and/or data processor, we will have written contracts in place with any third-party data controllers (and/or) data processors that we use. The contract will contain specific clauses which set out my and their liabilities, obligations and responsibilities.

As a data controller, we will only appoint processors who can provide sufficient guarantees under GDPR and that the rights of data subjects will be respected and protected.

As a data processor, we will only act on the documented instructions of a controller. We acknowledge our responsibilities as a data processor under GDPR and will protect and respect the rights of data subjects.

9.2 Contracts

Our contracts will comply with the standards set out by the ICO and, where possible, follow standard contractual clauses. Our contracts with data controllers (and/or) data processors will set out the subject matter and duration of the processing, the nature and stated purpose of the processing activities, the types of personal data and categories of data subject, and the obligations and rights of the controller.

10 Reporting breaches

Any breach of this policy or of data protection laws will be reported as soon as practically possible. This means as soon as we become aware of a breach. We have a legal obligation to report any data breach to UK Supervisory authority which is the Information Commissioners Office within 72 hours.