privacy policy

We have created this statement in order to advise you about our firm commitment to protecting your privacy.

At Pomega, we want you to feel comfortable using our website. We will never willfully sell, trade, rent, disclose, or make available personally identifiable information about you to any third party without first receiving your permission, except when we believe in good faith that the law requires it, or to protect the rights or property of POMEGA. 

 

Information gathered online may be referred to us as either anonymous or personally identifiable information. Anonymous information refers to web site usage information that cannot be traced back to a specific individual, e.g., the total number of visitors to our Web Site ("General Information"). Personally identifiable information refers to specific information about a customer, e.g., name, address, e-mail address, telephone number and credit card information. ("Personal Information"). Please note that it is your choice to share Personal Information via the Web Site. Consider only sharing Personal Information with POMEGA if you agree to our Privacy Policy.

 

General Information:  POMEGA may collect certain General Information automatically, including "site usage" information from all visitors to the Web Site. Such data is used only in the aggregate. General Information helps POMEGA determine general usage patterns and modify the Web Site in order to improve your experience. This type of General Information may be shared with third parties any time.  POMEGA may, at times, use a technology nicknamed "cookies" (see below).

 

Personal Information: There are times when POMEGA may specifically ask for information about you when you sign up to use a service or when you order a product. POMEGA may need certain Personal Information - such as name, Internet address, billing address, type of computer, or credit card number -in order to provide that service or product to you. We may also use that Personal Information to let you know of additional products and services about which you might be interested unless you choose not to receive such information. See also “Personal Data” below.

 

The following discloses how we gather information about our customers for our website:

When you visit our website, your computer exchanges information with other computer systems in order to display pages, select specific information and enable you to buy products and services. During this exchange, POMEGA gathers information only to fulfill your requests accurately and quickly, and to identify ways that we can improve our site to enhance your visit.

A. OVERVIEW

 

POMEGA INC. is a California based company offering cosmetic products, nutritional supplements, and medical grade formulations for sale through the website www.pomega5.com (the “Website”), and the sister site www.pomegamd.com   (the “PMD Site”).    

 

Depending on who you are, your Personal Data is processed by us or our subcontractors for different purposes.

 

This privacy policy explains how your Personal Data is collected, used and shared in compliance with your privacy rights ("Privacy Policy").

 

In this Privacy Policy, the following definitions are used:

 

(1)“POMEGA Inc.” means a State of California with a mailing address at 769 Center Blvd, Number 77, Fairfax CA 94930;

(2)“Personal Data” means any information regarding an identifiable individual such as: name, address, e-mail address, telephone number, credit card information, preferences, etc. 

 

B. PROCESSING OF PERSONAL DATA AND PURPOSES

 

The Website may use cookies which collect Personal Data about you. We refer to our Cookie Policy below for more information about this.

 

We expect that you only communicate Personal Data about yourself to us. If you also communicate Personal Data about other people to us, then you must ensure that you have the appropriate authorizations to do so. We also expect that the Personal Data that you communicate to us is correct and that, if specific data changes, you will promptly inform us.

 

You should only use the Website and share your Personal Data once you have read and understood our Privacy Policy. Depending on who you are, your Personal Data are processed as described here:

 

1. Visitor

 

If you are a visitor of the Website, POMEGA processes your Personal Data as a data controller for the purposes of (i) management of visitors (including sending information to you upon request), (ii) market analysis, (iii) management of unlawful activities and (iv) R&D.

 

2. Customer

 

If you create a customer account on the Website or if you purchase POMEGA products on the Website, POMEGA processes your Personal Data as a data controller for the purposes of (i) management of customers (including purchase processing), (ii) management of unlawful activities (including identification and control of such activities) and (iii) R&D.

 

Management of visitors is limited to answering and managing the requests of the visitors: e.g. providing access to the Website, sending information and marketing upon request, registration for events. Legitimate interests of the controller: safeguarding and promoting the economic, commercial, social and financial interests of POMEGA permits us to provide you with information about products and services you may be interested in. You can object to this processing in accordance with the conditions laid down in the applicable legislation. Performance of contracts (e.g. fulfilling obligations related to promotional activities, etc.). Without your Personal Data, we cannot perform the contracts concerned.

 

Management of customers is limited to execution of the contract with the customer: e.g. managing purchases, managing personal account on the Website. Marketing: e.g. sending information to the customer about similar POMEGA products and services. Legitimate interests of controller:  (a) Performance of contracts (e.g. T&C’s of sale, product purchase agreement, preferred customer agreement). Without your Personal Data, we cannot perform the contracts concerned, (b) safeguarding and promoting the economic, commercial, social and fiznancial interests of POMEGA, and permitting us to provide you with information about products and services you may be interested in. You can object to this processing in accordance with the conditions laid down in the applicable legislation.   Consent: if the processing includes special categories of data likely to reveal racial or ethnic origin or health, POMEGA will specifically ask the customer’s consent.

 

Management of unlawful activities is limited to prevention and detection of unlawful activities: e.g. prevent and detect fraud or abuse of company resources.  Dispute management: e.g. investigation of potential claims about the products and prosecuting or defending of legal claims. Legitimate interests of controller is the performance of contracts (e.g. T&C’s of sale, preferred customer agreement). Without your Personal Data, we cannot perform the contracts concerned.  And for the controllers and its stakeholders (employees, customers, suppliers, shareholders, associated companies etc.): the detection, prevention and sanctioning of unlawful activities and the management of disputes contribute to safeguarding and promoting the economic, commercial, social and financial interests of POMEGA and reduces costs for you. You can object to this processing in accordance with the conditions laid down in the applicable legislation.

 

R&D is limited to research and development based on aggregate data: e.g. statistics about sales, market analysis, development of products and services. Legitimate interests of the controller and its stakeholders (employees, customers, suppliers, shareholders, associated companies etc.): Research and development can lead to enhancement of customer experience, improvement of POMEGA products and services, and innovation, which may eventually result in an advantage for all persons concerned by POMEGA products and services. You can object to this processing in accordance with the conditions laid down in the applicable legislation.

 

C. HOW DOES POMEGA PROTECT MY TRANSACTION AND DATA?

 

We use state-of-the-art technology to protect your data from unauthorized third parties. The Website has security measures in place to protect the loss, misuse and alteration of the information under our control. Currently Pomega, via its ISP and hosting contractor, uses Secure Socket Layer (SSL) software to protect your data. SSL encrypts any personal information transmitted over the Internet. The servers of our service provider are further protected by a firewall to prevent unauthorized access to stored information.

In addition to using a secure server system that encrypts your order information, orders with payment information are not transmitted to us. Instead, a designated individual in the company accesses the orders using a password-protected back office system. Orders are retrieved via this system and then stored on the secure server. Each order is then processed manually using the same process that we use for fax and telephone orders. At no time is your payment information or any personal data transmitted to a third party for verification or processing other than to your credit card company, PayPay or another payment gateway and our Bank. Once the order is retrieved, all portions of the order fulfillment process are handled internally.

D. WHAT SPECIFIC INFORMATION DOES POMEGA GATHER?

 

As a rule, we only use your IP address to help diagnose problems with our server and to administer our Website. During your visit, you may have the option to provide the following information that is stored in our systems:

·         Your name and password that enable access to special areas of our Website

·         Your e-mail or mailing address to receive special offers or other information you have requested

·         Your phone number so that we may contact you if you request, or if we have a question about information you've submitted (we will not call you or enable others to call you unsolicited)

·         Data you enter into a form

 

 

E. WHAT GENERAL INFORMATION DOES POMEGA TRACK?

 

Our Website tracking program collects aggregate information about the number of visitors, types of browsers used, Internet Service Providers used, visit frequency and length, pages visited, referring pages, and exit pages. This information helps us enhance our site so that visitors like you have a better experience.

F. HOW DOES OUR SITE REMEMBER INFORMATION?

 

Our Website uses an order form for customers to purchase products. We collect visitors' contact information (such email addresses and home/business/shipping addresses) and financial information (such as a credit card number). Contact information from the order form is used solely for the purpose of sending orders to our customers. Financial information that is collected is used to bill the user for products purchased and is stored using an encrypted mode on the server of our site hosting contractor – Alliance Global.  If you register as a customer as opposed to a guest, this customer mode enables you to bypass the need to register again each time you visit our shopping cart for reorders of the same or other products.   

In addition, POMEGA may use cookies for certain areas of our Website.  Cookies are files stored on your hard drive or in your browser that help to personalize your web experience. For instance, cookies contain information such as users' language preference; so that they do not have to enter this information again the next time they visit the same website. Some cookies ensure that the graphics on a website appear correctly, while others make sure a website application works properly.

 

Cookies cannot harm your computer in any way. Only the website that places a cookie on your computer can read it, and no other website may access the cookie that our website places on your computer.

The cookies used by POMEGA do not collect personal information and we do not combine information collected through cookies with other personal information to tell us who you are or even what your e-mail address is.

 

You may configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent and you will be given the option to reject cookies upon your first visit to the Website.  Please note that our website is designed to work using cookies and any disabling of them may affect your usage of our website and prevent you from taking full advantage of it.

 

Also, each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences. For example, on Microsoft Internet Explorer, you can disable or delete cookies by selecting "Tools/Internet Options" and reviewing your privacy settings or selecting "delete cookies".

 

G. OPTING OUT OF NEWSLETTERS

 

This Website will give the following options to remove yourself from our mailing list so that you do not receive any email or regular mail communications from us.

1.       Click on the "unsubscribe" link located at the bottom of any Pomega5 newsletter, select the lists you wish to unsubscribe from and click "enter" to be removed.

2.       Send us a message using the web contact form on the Contact page, and we will remove you from our mailing list manually.

3.       Call Customer Service at (415) 451-8086 and ask to be removed.

 
  1. TRANSFER OF PERSONAL DATA

 

Pomega as the data controller may transfer your Personal Data to companies that process Personal Data in our name and on our behalf (known as ‘processors’). Categories of processors include local and international (i) shipping and delivery services providers, (ii) telecommunication services providers, (iii) payment services providers, (iv) payroll services providers (for employees). A complete list of such processors can be obtained upon request be sending an email to privacy@pomega5.com.

 

Some of these entities and persons are located outside the European Union. Any transfer is based on an adequacy decision and/or on standard data protection clauses of the European Commission. These methods of transferring data are permitted by the General Data Protection Regulation (Articles 45 and 46(2) respectively).  If you would like to know how to obtain a copy of the appropriate safeguards, please send an email to privacy@pomega5.com.

 

Except as otherwise explained herein, your Personal Data will not be shared with third parties unless with your consent, or if required for the execution of a contract with you, or if required by law.

 

As discussed above, you acknowledge that we may share your Personal Data with entities outside your resident jurisdiction and that your Personal Data may be stored on servers located outside your resident jurisdiction, including in all countries in which POMEGA has officially opened for business.

 

  1. CHILDREN

 

POMEGA does not direct the sale of its products to children. When POMEGA sells child products, an adult must purchase those products.  If you are under 18, you may use the Website only with involvement of a parent or guardian. POMEGA does not:

(1) Request or knowingly collect Personal Data from persons under 13 years of age ("Children");

(2) Knowingly use or share Personal Data from Children with third parties;

(3) Give Children the ability to publicly post or otherwise distribute Personal Data; and

(4) Entice Children with the prospect of special games, prizes, or other activities to divulge Personal Data.

We encourage you to participate in your child's experience on the Internet and to review important safety tips with each child before he or she explores the Internet.

 

  1. RETENTION OF PERSONAL DATA

 

Your Personal Data is retained for as long as you maintain a relationship with us or are in contact with us and up to 10 years after the end of this relationship.

 

  1. YOUR RIGHTS at the EU and the USA

 

Applicable Law/International Issues:  Because POMEGA is committed to protecting your privacy, Information that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law. If you are a non-U.S. user, you acknowledge and agree that we may collect and use your personal data and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other markets. By providing us with your Information, you acknowledge that you have read this Policy, understand it, agree to its terms and consent to the transfer of such Information outside your resident jurisdiction. If you do not consent to the terms of this Policy, please do not use this Site.

 

As a data subject in the European Economic Area (if and where applicable), you have the right to request, access, rectify, erase, restrict, or object to how we process your Personal Data, and the right to data portability.  These rights include:

  • the ability to review the Personal Data we have in our information and communications systems concerning you,
  • the ability to make any corrections to that Personal Data,
  • the ability to be informed of who that Personal Data may have been shared with,
  • the ability to request that we erase your Personal Data,
  • the ability to restrict how we Process your Personal Data,
  • the ability to object to how we process the data,
  • the ability to request that we send you (subject to prepaid expenses), or another business, a copy of your personal data.

 

We will respond to any of your requests to exercise these above data subject rights within one month. We reserve the right to extend that period by two further months where necessary, taking into account the complexity and number of the requests we receive from you.  You may also withdraw your consent for the processing of Personal Data, to the extent that the processing of your Personal Data was based upon such consent.

 

Exercising Your Rights:  If you want to exercise your rights, you may complete a data subject rights request form to be provided and contact us at privacy@pomega5.com.

  

Contacting Supervisory Authorities: If you would like to lodge a complaint against us, you may contact your local supervisory authority. This may be the supervisory authority in the member state at the EU:

  • in which you usually reside,
  • in which you work,
  • in which you believe the infringement took place.

 

If you have trouble locating a supervisory authority, please contact privacy@pomega5.com to help you contact a supervisory authority.  

 

  1. LINKED INTERNET WEBSITES

 

The Website may provide hyperlinks, which are highlighted words or pictures within a hypertext document that, when clicked, take you to another place within the document, to another document altogether, or to websites owned by other organizations. POMEGA does not control websites owned by other organizations and those websites may contain privacy provisions that are different from those provided here. POMEGA is not responsible for the collection, use, or disclosure of information collected through such websites or links, and – to the largest extent allowed by applicable law – POMEGA expressly disclaims any and all liability related to such collection, use, or disclosure.

 

 

  1. CHANGES TO THE PRIVACY POLICY

 

If POMEGA decides to change the Privacy Policy, it will post those changes here so that you will always know what information we collect, and how we might use or disclose that information. Any changes to this Privacy Policy will be considered effective immediately after the changes are posted on this Website. The Privacy Policy was last revised on January 2019.

 

  1. HOW TO CONTACT POMEGA

 

If you have any questions about this Privacy Policy, please send an e-mail to privacy@pomega5.com

 

  1. CORRECTIONS AND UPDATES

 

You can make most changes to your account information using the "my account" link on the web site and entering your email address and password. If you are unable to make a change using this method, send us a message using the web contact form on the Contact page or call Customer Service at (415) 451-8086.

  1. CONTACTING THE WEB ADMINISTRATOR

 

If you have any questions about this privacy statement, the practices of this site or your dealings with this website, you can contact our web administrator by using the web contact form on the Contact page.

If you feel that this site is not following its stated information policy, you may contact us at the above phone number, state or local chapters of the Better Business Bureau, state or local consumer protection office, or the Federal Trade Commission by phone at 202-FTC-HELP (202-382-4357) or electronically at https://www.ftccomplaintassistant.gov/.