Privacy Policy

This Privacy Policy governs the use and collection of your information by vitafive, LLC (“vitafive”, “we”, “us” or “our”) when you use certain of vitafive’s digital products, including any of our websites (including the website located at www.vitafive.com), mobile versions thereof, and downloadable mobile applications that display an authorized link to this Policy (collectively, the “Services”). This Policy does not apply to any information you may provide to us offline or through any means other than the Services.

vitafive respects your privacy, is seriously committed to protecting the privacy of its users and has published this Privacy Policy to explain how vitafive treats information you submit to vitafive. Please read this Privacy Policy carefully prior to your access to and/or use of the Services. If you do not agree to abide by this Privacy Policy, please do not access or use the Services. While using the Services, you may be able to personalize and select which vitamins and supplements are included in your custom vitafive pack. By submitting information to vitafive, either by visiting or using the Services or registering for or using the Services, you are accepting the practices described in this Privacy Policy.

Your Consent

BY USING THE SERVICES, YOU AGREE TO ACCEPT AND BE LEGALLY BOUND BY THE PRIVACY POLICY AND OUR TERMS OF SERVICE. WE RESERVE THE RIGHT TO CHANGE THE PRIVACY POLICY AT ANY TIME. WE WILL POST THE REVISED PRIVACY POLICY ON THE SERVICES AND UPDATE THE “LAST UPDATED” DATE TO REFLECT THE EFFECTIVE DATE OF THE CHANGES. YOUR CONTINUED VIEWING, BROWSING, USE OR ACCESS OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THE REVISED PRIVACY POLICY.

  1. ACCESS TO AND USE OF THE SERVICES

You represent and warrant that you are either more than 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Services.

  1. COLLECTION OF PERSONAL INFORMATION

The information we gather falls into two categories: (1) personal information (e.g., your name, e-mail address, mailing address, etc.) that you voluntarily supply when you register, initiate transactions, or communicate with us; and (2) information collected automatically when you navigate our Services. In some cases, a vendor or service provider of ours may collect information on our behalf. Third-party providers featured on or linked to by our Services may also gather information through processes that we do not control. As such, collection of such information is subject to the third-party’s privacy policies.

When we use the term “personal information” in this Policy, we are referring only to information that uniquely identifies a specific individual, such as the individual’s name, phone number, mailing address, or e-mail address.

We collect personal information from you when you register for or use various aspects of our Services, including when you order products or services, fill out a form, create an account, complete a survey, enter a contest, or contact us through our Services.  We may also collect contact information about other individuals when you use the “sharing” tools available within our Services to share content or offers with your friends and associates. When registering on our Services, you may be asked to enter personal information such as your e-mail address or contact address and phone number. You may, however, visit our Services without providing personal information.

Much of the information we collect is compiled into aggregated statistics, such as traffic generated by visits onto various pages or the surfing habits and preferences of our audience. Aggregated information we collect may include your browser type, browser identifiers, language, plug-ins, Internet domain, and operating system; your Internet Protocol (“IP”) address (a numerical address assigned to your computer by your Internet service provider so that other computers connected to the Internet can communicate with you online) that can sometimes be used to derive your general geographic area; the site you visited before visiting our Services and the site you visit after leaving our Services; content and advertisements you view and links you click on while navigating within our Services; unique identifiers, including mobile device identification numbers, that can identify the physical location of such devices in accordance with applicable law; information collected through cookies and other similar technologies; information about your interactions with our content, such as the type of content viewed using our Services; information about your interactions with our e-mail messages, such as the links you click on and whether you open or forward a message; and standard server log information. Such aggregated information does not include any information that would specifically identify you and does not constitute “personal information” under the Policy. Such information is often used to diagnose and resolve server problems, analyze trends, and improve our products, services, and offerings. As such, we may disclose aggregated information or other similar data and metrics to third parties as we see fit.

We also may also collect information about the real-time location of mobile devices you use to access our Services. We use this information to provide you with content and location services you request. We may also make location-based offers that might interest you, enable you to submit user-generated content based on your location, and otherwise improve your experience using our Services. To use our Services, you are not required to consent to the collection of location-based information and can adjust the settings of your mobile device to turn it off.

  1. USE OF PERSONAL INFORMATION

vitafive uses your personal information to identify you and, in some cases, to improve and customize the content you see on the Services. You agree that vitafive may use personal information about you to analyze website usage, improve or customize vitafive’s Services, customize the Services’ content, to personalize your experience, to administer a contest, promotion, survey or other Services feature, and as otherwise set forth in this Privacy Policy. You also agree that vitafive may use your personal information to contact you, to process transactions and to deliver Products to you. You also agree that vitafive may use your personal information to contact you and deliver information to you that, in some cases, is targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Services. Your personal information may also be aggregated and used by vitafive for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity, to enforce the Terms of Service or any applicable rules, for other internal purposes, and as otherwise described to you at the time of collection. vitafive will obtain your consent for any use of your personal information beyond those set forth in this Privacy Policy and the original uses for which you provided your consent. By accepting this Privacy Policy, you expressly agree to receive this information, unless you specifically opt out in applicable circumstances.

  1. DISCLOSURE OF PERSONAL INFORMATION

Except as expressly provided herein, absent your prior consent, vitafive does not share your personal information with any unrelated third parties. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you. In addition, the following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide you with the Services:

  • External Service Providers. There are a number of separate services offered by third parties that vitafive refers to as external service providers that may be complementary to your use of the Services. If you choose to use these separate services, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy. With your consent, and for your convenience, vitafive may provide some of your personal information to an external service provider offering such services. To prevent vitafive’s disclosure of your personal identifiable information to an external service provider, you can decline such consent or simply not use their services. Because vitafive does not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services.
  • Internal Service Providers. vitafive may use third parties that vitafive refers to as internal service providers to facilitate or outsource one or more aspects of vitafive’s business, products and Services that vitafive provides to you and, therefore, vitafive may provide some of your personal information directly to these internal service providers (e.g.,g., credit card processors, shipping companies, fulfillment services, customer care, etc.). In some instances, the internal service provider may collect information directly from you. In these cases, you will be notified of the involvement of the internal service provider. If you provide additional information to an internal service provider directly, then their use of your personal information is governed by their applicable privacy policy.
  • Provider Partners To make our Services more valuable to our visitors, we may offer some features of our Services in conjunction with other unaffiliated companies (“Provider Partners”) that specialize in operating such features. For example, we may offer social networking tools, sweepstakes offers, or other promotions through cooperative arrangements with Provider Partners. We share personal information with our Provider Partners as is useful or necessary for them to provide you with the features that they offer through our cooperative arrangement with them. Some of these Provider Partners may also collect their own personal information in connection with providing their services. Their use of such information will be subject to their own privacy policies.
  • Google Analytics. vitafive may use third party measurement software from Google Analytics to gather and compile aggregated website usage information. Google Analytics does not collect, track or have any access to personal information received at the Services. To find out more about Google Analytics, their technology, their privacy policy and their opt-out alternatives visit the Google Analytics Privacy Overview (http://www.google.com/intl/en/analytics/privacyoverview.html).
  • Market Research. vitafive may aggregate personal information to collect data and gain insights about user behavior and disclose such information in a non-personally identifiable manner to television networks, research institutions and other third parties. However, in these situations, vitafive does not disclose to these entities any information that could be used to identify you personally without your explicit consent.

Notwithstanding the foregoing, vitafive reserves the right, and you authorize vitafive, to share or disclose your personal information, including, without limitation, any content, records or electronic communications of any kind, when vitafive determines, in its sole discretion, that the disclosure of your personal information is necessary to identify, contact, or bring legal action against you if:

  • you are or may be violating this Privacy Policy, our Terms of Service or any applicable rules;
  • you are interfering with vitafive’s or a third party’s rights or property;
  • you are violating any applicable law, rule or regulation;
  • necessary or required by any applicable law, rule or regulation; and/or
  • requested by governmental authorities in the event of any investigation, act of terrorism or instance of local, regional or national emergency

In addition, vitafive cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example, without limiting the foregoing, vitafive may be forced to disclose personal information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access your transmissions or communications. Therefore, although vitafive uses industry standard practices to protect your privacy, vitafive does not promise, and you should not expect, that your personal information or private communications will always remain private. However, vitafive shall use reasonable commercial and legal efforts to protect its users’ information and to maintain the privacy and anonymity of users of the Services.

  1. COOKIES

“Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored by your web browser on your computer’s hard drive. vitafive and third party advertisers may set and access cookies on your computer to track and store preferential information about you. vitafive and third party advertisers gather anonymous information about their users through cookie technology on an aggregate level only. Such aggregated information is used within vitafive’s internal organization and is only shared with third party advertisers on an aggregated and non-personally identifiable basis. If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our Services may not function properly.

  1. WEB BEACONS

Web beacons, also known as pixel tags and clear GIFs, (“Web Beacons”), are electronic images that allow a website to access cookies and help track marketing campaigns and general usage patterns of visitors to those websites. Web Beacons can recognize certain types of information, such as cookie numbers, time and date of a page view, and a description of the page where the Web Beacons is placed. No personally identifiable information about you is
shared with third parties through the use of Web Beacons on the Services. However, through Web Beacons, we may collect general information that will not personally identify you, such as:

  • Internet browser, operating system, IP address, date of visit, time of visit and path taken through
    the Services.
  • Internal use of Web Beacons. vitafive may use Web Beacons internally to count visitors and recognize visitors through cookies. Access to cookies helps vitafive personalize your experience when you visit the Service.
  • vitafive may include Web Beacons in HTML-formatted email messages that vitafive sends to you. Web Beacons in email messages helps vitafive determine your interest in and the effectiveness of such emails.
  • External use of Web Beacons. vitafive may also use Web Beacons externally. For example, vitafive may report aggregate information about visitors, such as demographic and usage information, to its affiliates and other third parties. vitafive may also include other company’s Web Beacons within the Services.
  1. LINKS TO OTHER WEBSITES

The Services may include links to third party websites, or may be integrated with services provided by third parties. Such links or integration are not an endorsement by vitafive of those websites and/or the products or services offered on those websites. Third parties may have different privacy policies, and vitafive is not responsible for the privacy practices of those third party websites. If you click on a link to a third party website, or otherwise participate in a third party service through the Services, vitafive encourages you to check the privacy policy of that website, as it may differ substantially from that of this Privacy Policy. vitafive makes no representations or warranties nor is vitafive responsible for the privacy policies of any websites other than the Services. If you decide to access any third party links appearing on the Services, you do so AT YOUR OWN RISK.

  1. OPT-OUT INFORMATION

If you receive e-mail, phone, or mail communications from our Services that you prefer not to receive, you may opt-out from receiving these communications by using the opt-out instructions included in the e-mail message you receive, or by sending your request to hello@vitafive.com.

  1. UPDATING PERSONAL INFORMATION

For certain Services and options, we require you to register an account with us provide personal information including, but not limited to, your name, street address, city, state, zip code, country, email and phone number (collectively, “Registration Information”). You can manage your Registration Information by accessing your online account. We use this procedure to better safeguard your personal information. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access to your profile or making changes.

You may also change or delete your account and its related Registration Information from our database. You should know that if you choose to delete your profile, certain aspects of our Services may no longer be accessible to you.  You can also contact us hello@vitafive.com to make changes to your account.

  1. CHANGES TO THIS PRIVACY POLICY

vitafive reserves the right, at its sole discretion, to update, amend and/or change this Privacy Policy without prior notice and at any time. Updates to this Privacy Policy will be posted here. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. Your continued use of the Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.

11. YOUR CALIFORNIA PRIVACY RIGHTS

The State of California enacted the Shine the Light law (California Civil Code Section 1798.83) that permits users who are California residents to request certain information regarding vitafive’s disclosure of personal information during the past year to third parties for direct marketing purposes. To make such a request, contact hello@vitafive.com.

  1. CHILDREN’S PRIVACY

Protecting the privacy of young children is especially important. Our Services are not designed or intended for use by children under 13, and we do not knowingly collect personal information from children under the age of 13. If you are under 13, you should use the Services only with involvement of a parent or guardian. Children under 13 may not submit any personally identifiable information to us, and if we discover or are notified that we have inadvertently gathered any such personal information from a child under 13, we will take appropriate steps to promptly delete it. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us at hello@vitafive.com.

  1. SPECIAL NOTE TO INTERNATIONAL USERS

The Services are hosted in the United States. If you are accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Services, which is governed by U.S. law, this Privacy Policy you are transferring your personal information to the United States and you consent to that transfer. Our Services are subject to U.S. laws, which may not afford the same level of protection as those in your country.

For purposes described in this Policy, personal information may be transferred to, processed, stored, and accessed by us, our affiliates, and our service providers in the United States and in jurisdictions where any of us may operate. Courts and other authorities in these jurisdictions may, in certain circumstances, be entitled to access your personal information. By using the Services, you consent to this transfer, processing, storage, and access of your personal information in and/or outside of the jurisdiction in which you reside.

  1. IN THE EVENT OF MERGER, SALE, OR BANKRUPTCY

In the event that vitafive is acquired by or merged with a third party entity, or sells all or substantially all of its assets, we reserve the right, in any of these circumstances, to transfer or assign the information and content we have received and collected from visitors to our Services as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.

  1. UNFORESEEN CIRCUMSTANCES

We care about your privacy and strive to protect your personal information. However, vitafive recognizes that there are often circumstances beyond our control. In these situations, please be aware that unauthorized access to your personal information may occur. If access occurs, we will do our best to rectify the situation, but we are not liable for the damages or effects of such breach.

  1. QUESTIONS OR CONCERNS

If you have questions, comments, concerns or feedback regarding this Privacy Policy, please contact us via email: hello@vitafive.com.

 


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