Privacy Policy

Vivalize, LLC (referred to herein as “Vivalize”, “our”, “us” or “we”) is committed to respecting the privacy rights of those visiting our websites, including our Brand Partners’ Replicated Websites (hereafter collectively referred to as the “Website” or “Websites”). Any personal information, such as your name, address, email address or phone number that you provide is extremely important to us. To earn your trust, we respect your privacy in handling Personal Information relating to you and your transactions with us, whether made through Vivalize.com or one of our related Websites. Vivalize created this Privacy Policy to give you confidence as you visit and use the Websites, and to demonstrate its commitment to fair information practices and to the protection of privacy.

This Privacy Policy describes the Personal Information we gather about you, what we do with it, the safeguards we have in place to protect it, and how you can control our use of it. By visiting or using the Websites, you agree, without limitation or qualification, to be bound by this Privacy Policy, and you are accepting the practices described in this Privacy Policy. When you provide Personal Information to our Websites, you are consenting to the way Vivalize will collect, use, disclose, and otherwise manage your Personal Information, as set out below.

This Privacy Policy is only applicable to the Websites and not to any Third-Party websites, which may have data collection, storage and use practices and policies that differ materially from this Privacy Policy. For additional information, see the Section V(A) concerning Links to Third-Party Websites, below.

Each time you use the Website, the then-current version of this Privacy Policy will apply. Accordingly, each time you use the Website you should check the date of this Privacy Policy (which appears at the end) and review any changes since the last time you visited the Website. For additional information, see the section concerning Updates and Changes to Privacy Policy, below.
BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF, THIS PRIVACY POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.

 

I. Who may use the website

A. Children’s Privacy. Vivalize is committed to the safety of our children. The Websites are not intended or designed to attract users under the age of 18. Persons under the age of 18 may not enroll as Vivalize Brand Partners or register as Vivalize Brand Consumers. Children under the age of 13 may not purchase products through any of our Websites. Vivalize does not solicit or knowingly collect personally identifiable information from children under the age of 13. If Vivalize obtains actual knowledge that it has collected personally identifiable information from a child under the age of 13, Vivalize will immediately delete such information from its database. Because Vivalize does not collect personally identifiable information from children under the age of 13, Vivalize has no such information to use or disclose to third parties. Vivalize has designed this Privacy Policy in order to comply with the Children’s Online Privacy Protection Act.

B. Users Outside of the United States. The Websites are presently intended for users from the United States and those not governed by privacy policies of other countries. Do not send us information unless you consent to the application of U.S. law and to the use and disclosure of your information consistent with this Privacy Policy.

 

II. Information collection

Vivalize is the sole owner of the Website, including Replicated Websites. We collect information from Independent Brand Partners (“Brand Partners”), Brand Consumers and visitors to the websites at different points on the websites.

A. Traffic Data. Like most website operators, Vivalize automatically gathers information of the sort that browsers automatically make available, including: (i) IP addresses; (ii) domain servers; (iii) types of devices accessing the Website; and (iv) types of Web browsers accessing the Website (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you.

B. Cookies. A “Cookie” is a string of information that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user submits a query to the website. The purpose of a Cookie is to identify the user as a unique user of the Website. Vivalize uses Cookies to customize your experience on the Website to your interests, to ensure that you do not see the same informational messages repeatedly, and to store your username so you do not have to re-enter it each time you visit the Website. For additional information on Vivalize’s uses of Cookies, see the section concerning Information Use and Disclosure Practices/Traffic Data and Information Gathered Using Cookies, below. IF YOU DO NOT WISH TO HAVE COOKIES PLACED ON YOUR COMPUTER, YOU SHOULD SET YOUR BROWSERS TO REFUSE COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN OF THE SERVICES AND CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF COOKIES. IF YOU REFUSE COOKIES, YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

We use JavaScript to record your usage behavior on our website in order to adapt our web services to the needs of our users. In doing so, we determine your browser type, location, time, and duration of your use, URL, page name, and the website that referred you to our page. You can stop us from recording this data by disabling JavaScript directly in your browser.

 

We also use the following tools:

 

❖ Google Analytics – This is a web analytics tool by Google LLC, 1600 Amphitheatre Parkway Mountain View, California 94043, United States, hereinafter referred to as “Google”, to record your online activities on our site and to determine how many users are visiting us, what contents of our page are viewed, and how many times. The evaluation is done anonymously. Google Analytics cookies, including the Google Analytics tool “anonymous IP address” and usage data, are usually transmitted to a Google server in the United States and stored there. For further information, please refer to https://support.google.com/analytics/answer/6004245?hl=de. At https://tools.google.com/dlpage/gaoptout?hl=de. Google Analytics offers the option to opt out of data collection.

❖ Piwik Open Analytics Platform – This allows us to record your online activities on our site and determine how many users visit us on the Internet, which content of our site is viewed, and how often. The evaluation is done anonymously. The cookies are stored on your computer. For additional information, please refer to https://piwik.org/faq/.

❖ Google AdWords – This is used to record website visits for advertising purposes (remarketing) in Google and in the Display Network. When you visit a website, your browser saves cookies that allow you to be recognized as a visitor when you visit websites that belong to Google’s advertising network. On these pages, ads that relate to content that you previously viewed on other websites that use Google’s remarketing function can be presented to you as a visitor. You can opt out of data collection by Google AdWords on the website http://www.google.com/settings/ads

❖ Google AdWords conversion tracking – We use this to generate conversion statistics that measure the effectiveness of our online advertising campaigns. The conversion tracking cookie is set when a user clicks on an ad placed by Google. According to Google’s privacy policy, no personal information is processed. If you do not wish to participate in tracking, you can opt out of this usage by disabling the Google conversion tracking cookie in the usage settings of your Internet browser.

❖ Salesforce Marketing Cloud – We use this to record your behavior on our website to optimize our product offering. It helps us determine how many users visit us in the Internet, which content of our site is viewed, and how often. The evaluation is done anonymously and is used automatically by predictive intelligence to improve the presentation of our product offering. For registered members, the user-related behavior on the website is recorded to improve the user experience and is used to display the relevant content. Salesforce cookies are usually delivered to a Salesforce server in the United States and stored there.

❖ Hotjar – We collect non-personal information, including standard internet log information and details of your behavioral patterns when you visit our website. This is done to enable to provide you with a better user experience, to identify preferences, to diagnose technical problems, to analyze trends and to improve our website. The following information may be collected related to your device and browser: device’s IP address (captured and stored in an anonymized form), device screen resolution, device type (unique device identifiers), operating system, and browser type, geographic location (country only), preferred language used to display our website. The following information is collected related to your user interaction: mouse events (movements, location and clicks), keypresses. For a sampling of visitors, Hotjar also records information which is collected from our website: referring URL and domain, pages visited, geographic location (country only), preferred language used to display our website, date and time when the website pages were accessed. By visiting the opt-out page https://www.hotjar.com/opt-out and clicking on “Disable Hotjar” you can at any time refuse to collect your data from Hotjar when you visit our website. You may opt-out from having Hotjar collect your information when visiting our website at any time by visiting the Opt-out page https://www.hotjar.com/opt-out and clicking “Disable Hotjar”.

❖ Facebook Pixel – With your consent, we use the “Facebook Pixel” by Facebook LLC, 1601 South California Avenue, Palo Alto, California 94304, United States (“Facebook”) on our website. This is a cookie (i.e., a small text file that is stored on your computer and can be accessed again later). With its help, actions of users can be tracked after they have seen or clicked on a Facebook ad. This allows us to track the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, in other words, it does not provide any information on the identity of the users. However, the data is stored and processed by Facebook, so that a connection to the respective user profile is possible and Facebook can use the data for its own advertising purposes, according to the Facebook Data Policy (https://www.facebook.com/about/privacy/). You can allow Facebook and its partners to display ads on and off Facebook. A cookie may also be stored on your computer for these purposes. By using the website, you agree to the use of the visitor action pixel.

C. Personal Information. Through your use of or visits to our websites, you may be required or requested to provide personally identifiable information (hereafter “Personal Information”) to us. Personal Information is any piece of information which can potentially be used to uniquely identify, contact, or locate a single person. Such information includes, without limitation: (1) “Contact Data” (such as your name, membership number, title, gender, date of birth, mailing address), phone number(s), fax number, and e-mail address); (2) “Demographic Data” (such as your age, gender, profession, education level, relationship status, country, state, city and likes and dislikes,); (3) “Financial Data” (such as your credit/debit card number and expiration date); and (4) “Shopping Preferences” (such as items purchased, purchase date, place of purchase, time of purchase, purchase amount, currency and shopping cart). For certain transactions, we may be required to collect information to comply with legal requirements. In each case, you will be asked to provide Personal Information; the Website will not gather it surreptitiously. Vivalize may supplement the Personal Information you provide with additional personal information gathered from public sources or from third parties (e.g., consumer reporting agencies) who may lawfully provide such information to Vivalize. You are under no obligation to provide Personal Information, with the caveat that your refusal to do so may prevent you from using certain of the features and services available on the Website or from purchasing any of our products.

D. Non-Personal Information. “Non-Personal Information” is anonymous information is that information we collect that is not traceable to any individual person or computer. We utilize this data to analyze trends and understand customer needs while shopping and interacting on our site so that we can provide a better user experience. For example, we may use cookies, web beacons, log files and other technologies to collect information about visitors to our Website, and interactions with our online advertisements and offerings.

E. Brand Partner and Brand Consumer Registration. In order to become a Brand Partner, an applicant must provide Personal Information to us. We also may require an applicant’s Social Security Number or Federal Tax ID Number so that we may prepare and file necessary non-employee compensation forms for the IRS (USA only). Certain customers may be required to register in order to purchase products directly from us (“Brand Consumers” referred to herein as “Customers”). Customers will be required to provide Personal Information. We use this information to maintain contact with Brand Partners and Customers, and to process Brand Partner and Customer orders.

F. Product or Service Purchases. When a retail customer, Brand Consumer, or Brand Partner purchases products or services from us through any of our websites, the purchaser must provide us with Personal Information. This information is used for billing and payment purposes and to fill orders.

G. Information that you make Public. The Website may contain features (e.g. public profiles, forums, and message boards) that permit you to upload, post, transmit, display, perform or distribute content, information or other material, including some of your Personal Information. Any information that you choose to disclose by means of such features becomes public information over which Vivalize is unable to exercise control. You should exercise caution when deciding to disclose your Personal Information by means of such features, and you agree to assume all responsibility for doing so.

 

III. Information use and disclosure practices

A. Traffic Data and Information Gathered Using Cookies. We use “cookies” to recognize you as you use or return to our sites. This is done so that we can provide a continuous and more personalized shopping experience for you. A cookie is a small text file that a website or email may save to your browser and store on your hard drive. Most cookies are “session cookies,” meaning that they are automatically deleted from your hard drive once you sign out from www.Vivalize.com or close your web browser. We use cookies to provide features and services, such as:

❖allowing you to enter your password less frequently.
❖remembering your preferences.
❖presenting information that is targeted to your interests.
❖measuring the effectiveness of our sites, services, content, and advertising; and
❖providing other services and features that are available only using cookies.

Vivalize analyzes Traffic Data and information gathered using Cookies to help Vivalize better understand who is using the Website and how they are using it. By identifying patterns and trends in usage, Vivalize can better design the Website to improve your experience, and to serve you more relevant and interesting content. From time to time, Vivalize may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Website. Vivalize does not attempt to link information gathered using Cookies to Personal Information.

B. Web Beacons. We may also use web beacons. A “web beacon” is an electronic image placed in the code of a web page. Beacons allow us to know if a certain page was visited, an email was opened, or if ad banners on our website and other sites were effective. We use web beacons to monitor the traffic patterns of users from one page to another and to improve site performance.

C. Personal Information. Personal Information that is collected from retail customers, Brand Consumers, and Brand Partners through Brand Partner and Customer Registration, Product Purchases and/or Surveys is used and disclosed as described in this Privacy Policy. Except as specifically set forth in this Privacy Policy, Vivalize DOES NOT share Personal Information. Vivalize may share aggregated information from time to time with its partners, vendors or other third parties. When such aggregate information is shared by Vivalize, no Personal Information is shared.

D. Disclosure Practices. EXCEPT UNDER THE FOLLOWING CIRCUMSTANCES AND OTHERWISE AS SET FORTH IN THIS PRIVACY POLICY, VIVALIZE WILL KEEP YOUR PERSONAL INFORMATION PRIVATE AND WILL NOT SELL IT TO OR SHARE IT WITH THIRD PARTIES.

Disclosure in Connection with Services. Some of our operations, such as our electronic commerce, may be managed by Service Providers who are unaffiliated companies. These companies may share Personal Information with their affiliates and service providers whom they engage to perform services related to our Websites or the operation of our business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, Website hosting and evaluation, data storage, analysis, or security and, where applicable, data cleansing. These companies may have access to your Personal Information on a confidential basis only to the extent necessary to perform their functions. In no event will we authorize these companies to use your Personal Information for any reason other than to provide you with those specific services. If your purchases are being shipped to you, your shipping information will be shared with our delivery service providers (U.S. Postal Service, UPS, FedEx, or other delivery companies we or you select). Our delivery service providers are asked not to use your Personal Information for any purpose other than making the delivery.

Sharing. The website contains “Share” buttons for the social networks Twitter LLC, 795 Folsom St., Suite 600, San Francisco, California 94107, United States, XING, which is operated by XING AG, Dammtorstrasse 30, 20354 Hamburg, Germany, LinkedIn Corporation, 2029 Stierlin Court, Mountain View, California 94043, United States, Facebook, 1601 South California Avenue, Palo Alto, California 94304, United States. In addition, there is also a “Share” button for e-mail. The “Share” buttons can be recognized by their respective logos. All “Share” buttons are set up in compliance with data protection requirements. A direct connection between your browser and the server of the operator of the respective social network is established only when you click on the respective “Share” button on this website (and only then). According to the operators of the social networks mentioned, no personal data is collected by the social networks without a click on the respective “Share” button. Only data of logged-in Brand Partners and Brand Consumers, including the IP address, is collected and processed. If you do not wish to associate your visit to our website with your user account of the respective social network, please log out of the user account of that social network. We do not receive any information regarding the content of the data transmitted and its use by the social networks. For more information about the use of data by the social media networks, please refer to the privacy policies of the social networks mentioned.

By Law or to Protect Rights. Vivalize discloses Personal Information when required to do so by law, or in response to a subpoena or court order, or when Vivalize believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of Vivalize, third parties, or the public at large.

Legally Required Law Enforcement, Judicial and Administrative Agency Disclosures. Vivalize will provide confidential and personally identifiable information as necessary to comply with judicial and administrative orders, subpoenas, Civil or Criminal Investigative Demands, Administrative and Regulatory Demands and other legal obligations. For Vivalize to conduct business in certain jurisdictions, Vivalize must disclose certain personally identifiable and confidential information to regulatory authorities in such jurisdictions. Such information may include, but is not limited to, income information and personally identifiable information.

Business Transfers or Bankruptcy. Vivalize reserves the right to transfer all Personal Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of Vivalize’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and an opportunity to affirmatively opt-out of it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by Vivalize’s successor organization.

Unpaid Accounts. If you fail to pay any balance owed in consideration of Services, Vivalize may, as permitted by law, report your Personal Information, including without limitation your unpaid balance, to consumer credit reporting services, collection agencies and others.

Lead Assignment and Brand Partner Locator Features. Vivalize occasionally will assign prospective sales and new Brand Partner leads to Brand Partners. In these cases, we will provide the lead with the appropriate Brand Partner’s name and contact information and/or provide a distributor with the prospective lead’s name and contact information. In addition, Vivalize has a Brand Partner Locator feature on its website. Pursuant to this feature, a prospective customer or new Brand Partner can locate a nearby Vivalize Brand Partner. In order to make the Brand Partner Locator feature and the lead assignments effective, the company will provide the prospective customer or new Brand Partner with the Brand Partner’s name and contact information, which may include his/her telephone number, address, and/or email address.

To help Brand Partners in Vivalize’s network marketing program manage their independent businesses, we provide your Vivalize sponsor and other upline Vivalize Brand Partners with your name, rank, address, telephone number, and email address as well as data relating to your sales and recruitment activity through the Back-Office to the Website. We also provide downline Brand Partners with the names, rank, address, telephone number, and email address of their sponsor and certain specified upline Brand Partners.

 

IV. Communications from us

A. Special Offers and Updates. By enrolling as a Brand Partner, registering as a Brand Consumer, or making a purchase or other inquiry through the Website, you consent to receive periodic email and other communications from us and from Vivalize Brand Partners. For example, Vivalize sends all new Brand Partners and Brand Consumers a welcoming email to verify password, username, and acceptance of the Brand Partner Agreement or Brand Consumer Agreement. All Brand Partners and Customers will occasionally receive information on products, services, special deals, and a newsletter.

B. Service Announcements. On rare occasions it is necessary to send out a strictly service-related announcement. For instance, if our service is temporarily suspended for maintenance, we might send Brand Partners and/or Customers an email. Generally, Brand Partners may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.

C. Brand Partner and Brand Consumer Service. Vivalize communicates with Brand Partners and Customers via email, regular mail and telephone on a regular basis to provide requested services and in regard to issues relating to their Vivalize business. Vivalize communicates with other Customers with respect to products purchased by such Customers from Vivalize. Such communications may be by email, regular mail, or telephone.

 

V. Miscellaneous

A. Links. Vivalize’s websites may contain links to other sites. Please be aware that Vivalize is not responsible for the privacy practices of such other sites. We encourage users to be aware when they leave our site and to read the privacy statements of each website that collects Personal Information. This privacy statement applies solely to information collected by Vivalize websites as defined in the very first paragraph of this Privacy Policy.

B. Text Messages. Text messages within Vivalize’s replicated websites and back offices are distributed via third party mobile network providers and, therefore, we cannot control certain factors relating to message delivery or guarantee availability or performance of this service, including liability for transmission delays or message failures. To receive help with Text Messages, please email privacyconcerns@Vivalize.com.

You may unsubscribe from receiving Vivalize Text Messages any time by emailing privacyconcerns@Vivalize.com and specifying that this is your preference.

We may also obtain the date, time and content of your messages in the course of your use of Text Messages. We will use the information we obtain in connection with our Text Messages in accordance with this Privacy Policy.
From time to time you may be asked to provide your mobile phone number to Vivalize in connection with specific text messaging programs, which is in addition to the general Vivalize marketing text messaging program. That text messaging program may have additional or different terms and conditions from those set forth above, which will be presented you at the time that you opt-in to receive those text messages. In general, in order to stop receiving text messages from a specific Vivalize text messaging program, you can text STOP to the five digit short code for the text messaging program from which you no longer wish to receive message (i.e., the five digit number from which its text messages are being sent). You will then receive confirmation of your opt-out of that text messaging program. This will only opt you out of the specific text messaging program associated with that five-digit short code. You will remain opted in to any other Vivalize text messaging programs that you have signed up for.

C. Security of Personal Information. We maintain administrative, technical and physical safeguards to protect against unauthorized access, use, modification and disclosure of Personal Information in our custody and control. We also are committed to employing reasonable technology in order to protect the security of our Websites. However, even with the best technology, no website is 100% secure. We will take reasonable measures which we believe are appropriate to protect your Personal Information from loss, misuse, alteration or destruction, and, where possible, will ask that any third parties to whom we may transfer such information to take comparable steps to protect that security.

D. Secure Shopping. When you place orders on our Websites, all your order information, including your card number and delivery address, is transmitted through the Internet using Secure Sockets Layer (SSL) technology. SSL technology causes your browser to encrypt your order information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our Websites from capturing and viewing your Personal Information. Since any order information you provide to us on our Websites will be transmitted using a secure connection, if your Web browser cannot support this level of security, you will not be able to order products through our Websites. The most recent versions of Google Chrome, Netscape Navigator, Apple Safari, and Microsoft Internet Explorer can support a secure connection and can be downloaded for free from the Google, Netscape, Apple, or Microsoft website respectively.

E. Passwords. To provide you with an increased level of security, online access to your Personal Information is protected with a password you select. We strongly recommend that you do not disclose your password to anyone. Vivalize will never ask you for your password in any unsolicited communication (including unsolicited correspondence such as letters, phone calls or e-mail messages).

F. Lost or Stolen Information. You must promptly notify us at privacyconcerns@Vivalize.com if your credit, banking, other financial information, username or password is lost, stolen or used without permission. In such an event, we will remove that credit card number, bank account information, other financial institution information, username or password from your account.

G. Promotional Activities. From time to time, Vivalize may conduct contests, giveaways and other promotions (collectively, “Promotional Activities”). Any information submitted in connection with Promotional Activities will be treated in accordance with this Privacy Policy. From time to time, Vivalize may also ask you to participate in surveys designed to help Vivalize improve the Websites, its products, services, or the Vivalize network marketing program. Any Personal Information provided to Vivalize in connection with any survey will be used only in relation to that survey and will be disclosed to third parties not bound by this Privacy Policy only in aggregated form.

H. Changes to this Privacy Policy. Vivalize reserves the right to amend or change this Privacy Policy at any time at its sole discretion. It is your responsibility to periodically access this Privacy Policy by clicking on the Privacy Policy link at our home page. You can determine the date this Privacy Policy was last updated by referring to the effective date found at the end of the policy. When material changes or amendments are made to the Privacy Policy, we will announce the same at our home page for a period of thirty (30) days following implementation of the amended Privacy Policy.

I. Making Changes to Your Personal Information. Brand Partners and Brand Consumers may update their personal information as necessary by logging into their online Brand Partner Back Offices or Brand Consumer Accounts, which allows them to access and edit their registration account information. In addition, Brand Partners and Preferred Customers may contact us at privacyconcerns@Vivalize.com to update their profiles.

J. Information Sharing Disclosure Requests. If you are a California resident, you have the right to request one Notice of Information-Sharing Disclosure per year which will identify the third parties with whom Vivalize or any of our affiliates has shared the Personal Information we have collected from you. You may request the Notice of Information-Sharing Disclosure by emailing us at privacyconcerns@Vivalize.com . We will respond to your request for a Notice of Information-Sharing Disclosure within 30 days.

K. Questions. Questions regarding this Privacy Policy should be directed to privacyconcerns@Vivalize.com

L. Effective Date. The effective date of this Privacy Policy is July 1st, 2020.

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