- 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.
- 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.
- USE OF PERSONAL INFORMATION
- 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:
- 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.
- 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 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
“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.
- 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
- 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.
- LINKS TO OTHER WEBSITES
- 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 email@example.com.
- 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 firstname.lastname@example.org to make changes to your account.
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 email@example.com.
- 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 firstname.lastname@example.org.
- SPECIAL NOTE TO INTERNATIONAL USERS
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.
- 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.
- 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.
- QUESTIONS OR CONCERNS