UNDER NO CIRCUMSTANCE WE SHALL HAVE ANY ACCOUNTABILITY TO YOU FOR ANY LOSS OR DAMAGE AS A RESULT OF THE USE OF ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS COMPLETELY AT YOUR OWN RISK.
Our collection, use, disclosure, and processing of personal information about individuals will vary depending upon the circumstances. This privacy notice is intended to describe our overall privacy and data protection practices. In some cases, different or additional notices about our data collection and processing practices may be provided and apply to our processing of certain personal information.
SECTION 1 - WHY WE COLLECT YOUR INFORMATION
We use the information, we collect in various ways, including:
- To Provide, operate, and maintain our website.
- To Improve, personalize, and expand our website.
- To Understand and analyse how you use our website.
- To Develop new products, services, features, and functionality.
- To Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes.
- To Send you emails.
- Find and prevent fraud.
SECTION 2 - OUR COLLECTION OF PERSONAL INFORMATION
Generally, we collect your personal information on a voluntary basis. However, if you decline to provide certain personal information that is marked mandatory, you may not be able to access certain Services or we may be unable to fully respond to your inquiry.
Personal information that we collect and process will vary depending upon the circumstances. We collect personal information directly from individuals, automatically related to the use of the Services, for example, some of the ways we collect information are as follows:
Information we collect directly. We collect information that you provide to us, such as:
- when you provide your contact information, and send other personal information to us;
- when you complete or submit a form through Viva La Body, for example, "Contact Us" or “More Information” forms;
- When you sign up to become a stockist.
You may choose to provide us with your e-mail address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional e-mails by following the unsubscribe instructions in emails that you receive. If you decide not to receive promotional e-mails, we may still send you service-related communications.
If you revoke your consent for the processing of Personal Information, then we may no longer be able to provide you services. In some cases, we may limit or deny your request to revoke consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity.
You may, of course, decline to submit information through our website, in which case we may not be able to provide related services to you.
SECTION 3 - HOW WE USE YOUR PERSONAL INFORMATION
While the purposes for which we may process personal information will vary depending upon the circumstances, in general we use personal information for the purposes set forth below. Where General Data Protection Regulation (GDPR) or other relevant laws apply, we have set forth the legal bases for such processing in parenthesis
- Purchase and delivery of products and services:We use your personal information to take and handle orders, deliver products and services, process payments, and communicate with you about orders, products and services, and promotional offers.
- Providing support and services: including, for example, to provide services you request (and send related information), operate Viva La Body; to communicate with you about your access to and use of our products; to respond to your inquiries; to provide troubleshooting, fulfil your requests and provide technical support; and for other customer service and support purposes.
- Analysing and improving our business:including to better understand how users access and use Viva La Body, to evaluate and improve our services and business operations, and to develop new features, offerings, and services; to conduct surveys, and other evaluations, such as member satisfaction surveys; and for other research and analytical purposes.
- Personalizing content and experiences:including to provide or recommend features, content, social connections, and referrals; tailor content we send or display on Viva La Body; to offer customization and personalized help and instructions; and to otherwise personalize your experiences.
- Advertising, marketing and promotional purposes:including to reach you with more relevant ads and to evaluate, measure, and improve the effectiveness of our ad campaigns; to send you newsletters, offers, or other information we think may interest you; to contact you about Viva La Body or information we think may interest you;
- Defending our legal rights:including to manage and respond to actual and potential legal disputes and claims, and to otherwise establish, defend or protect our rights or interests, including in the context of anticipated or actual litigation with third parties.
- Complying with legal obligations: including to comply with the law, our legal obligations and legal process, such warrants, subpoenas, court orders, and regulatory or law enforcement requests.
SECTION 4 - DISCLOSURE OF PERSONAL INFORMATION
We may disclose the personal information that we collect about you as set forth below or as otherwise described at the time of collection or sharing.
- Service providers:We may disclose personal information with third-party service providers who use this information to perform services for us, such as hosting providers, stockists, advisors, consultants, and customer service and support providers.
- Third Parties: We may employ other companies and individuals to perform functions on our behalf. Examples include sending postal mail and e-mail, removing repetitive information from user lists, analysing data, providing marketing assistance, processing payments, transmitting content, and providing customer service. These third-party service providers have access to personal information needed to perform their functions, but may not use it for other purposes.
- Business transfers:We may disclose or transfer personal information as part of any actual or contemplated merger, sale, and transfer of our assets, acquisition, financing or restructuring of all or part of our business, bankruptcy or similar event, including related to due diligence conducted prior to such event where permitted by law.
- Legally required:We may disclose personal information if we are required to do so by law (e.g., to law enforcement, courts or others, e.g., in response to a subpoena or court order).
- Protect our rights:We may disclose personal information where we believe it necessary to respond to claims asserted against us or, comply with legal process (e.g., warrants), enforce or administer our agreements and terms, for fraud prevention, risk assessment, investigation, and to protect the rights, property, or safety of us, our clients and customers or others.
SECTION 5 - COOKIES, TRACKING, AND ANALYTICS
We may use first party and third-party cookies, pixel tags, plugins, and other tools to gather device, usage and browsing information when users visit Viva La Body. For instance, when you visit our website, our server may record your IP address (and associated location information) and other information such as the type of your internet browser, your Media Access Control (MAC) address, computer type (Windows or macOS), screen resolution, operating system name and version, device manufacturer and model, language, and the pages you view and links you select on the Services, as well as date and time stamps associated with your activities on Viva La Body.
We use the information for security purposes, to facilitate navigation, to personalize and improve your experience while using the Services, to improve and measure our advertising campaigns and to better reach users with relevant advertising both on Viva La Body and on third party websites. We also gather statistical information about use of the Services in order to continually improve their design and functionality, understand how they are used and assist us with resolving questions regarding them.
SECTION 6 - COOKIES
Essential cookies are essential, as they enable you to move around the Service and use its features. Without these cookies we could not, for example, authenticate your login or remember that you are logged-in as you move through the website.
Functionality cookies allow us to remember choices you make (such as the region you're in) and tailor the Service to provide enhanced features and content for you. For instance, they can be used to remember your login details or remember your nickname when you next login. They may also be used to provide services you've requested, for example leaving a comment on the Service.
We may use the following types of cookies:
- Security: These cookies allow us to secure access to your account.
- Preference: These cookies are used to store your preferences like language choice and display of search results.
- Analytics: We track traffic patterns so we can identify popular content and potential problems.
- Advertising: We use non-identifiable information about you to show you advertising on our services and third-party sites.
If you have disabled one or more cookies, we may still use information collected from cookies before your disabled preference was set. However, we will stop using the disabled cookie to collect any further information.
SECTION 7 - PIXEL TAGS AND OTHER SIMILAR TECHNOLOGIES
Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Websites to, among other things, track the actions of users of the websites (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Websites and response rates. We and our service providers may also use pixel tags in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, track whether our emails are forwarded, and conduct analytics.
SECTION 8 - LOG FILES
Most browsers collect certain information, such as your IP address, device type, screen resolution, operating system version and internet browser type and version. This information is gathered automatically and stored in log files.
SECTION 9 - THIRD PARTY ANALYTICS TOOLS
Google Analytics uses performance cookies to track customer’s interactions. For example, by using cookies, Google can tell us which pages our users view, which are most popular, what time of day our website is visited, whether visitors have been to our website before, what website referred the visitor to our website, and other similar information. All of this information is anonymized.
SECTION 10 - DO-NOT-TRACK SIGNALS
Please note that our website does not recognize or respond to any signal which your browser might transmit through the so-called 'Do Not Track' feature your browser might have. If you wish to disable cookies on our website, you should not rely on any 'Do Not Track' feature your browser might have.
SECTION 11 - SECURITY
We use technical, administrative, and physical controls in place to help protect Personal information from unauthorized access, use, and disclosure. Even so, despite our reasonable efforts, no security measure is ever perfect or impenetrable. In the event that the security of your account has been compromised, please immediately notify us by visiting (“Contact Us”).
SECTION 12 - DO NOT SELL MY DATA
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below. In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such Personal Data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection. From time to time, we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
SECTION 13 - DATA RETENTION
We will retain your personal information for the period necessary to fulfill the purposes outlined in this privacy notice unless a longer retention period is required or permitted by law. We may retain personal information for longer where required by our legal and regulatory obligations, professional indemnity obligations, or where we believe it is necessary to establish, defend or protect our legal rights and interests or those of others. With respect to the data and files we handle as a processor, we retain this personal information in accordance with our clients’ instructions.
SECTION 14 - CCPA Privacy Rights (Do Not Sell My Personal Information)
Under the CCPA, among other rights, California consumers have the right to:
Request that a business that collects a consumer's personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.
- Request that a business deletes any personal data about the consumer that a business has collected.
- Request that a business that sells a consumer's personal data, not sell the consumer's personal data.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
SECTION 15 - GDPR Data Protection Rights
We would like to make sure you are fully aware of all of your data protection rights. Every European user is entitled to the following:
- Right to access
If you can prove your identity, you have the right to obtain information about the processing of your data. Thus, you have the right to know the purposes of the processing, the categories of data concerned, the categories of recipients to whom the data are transmitted, the criteria used to determine the data retention period, and the rights that you can exercise on your data.
- Right to rectification of your personal data
Inaccurate or incomplete personal data may be corrected.
- Right to erasure (or “right to be forgotten”)
You also have the right to obtain the erasure of your personal data under the following assumptions:
- Your personal data are no longer necessary for the intended purposes;
- You withdraw your consent to the processing and there is no other legal ground for processing;
- You have validly exercised your right of opposition;
- Your data has been illegally processed;
- Your data must be deleted to comply with a legal obligation.
The deletion of data is mainly related to visibility; it is possible that the deleted data are still temporarily stored.
- Right to limitation of processing
In certain cases, you have the right to request the limitation of the processing of your personal data, especially in case of dispute as to the accuracy of the data, if the data are necessary in the context of legal proceedings or the time required to verify that you can validly exercise your right to erasure.
- Right to object
You have the right to object at any time to the processing of your personal data for direct marketing purposes. We will stop processing your personal data unless it can demonstrate that there are compelling legitimate reasons for the processing which prevail over your right to object.
- Right to data portability
You have the right to obtain any personal data which you have provided us in a structured, commonly used and machine-readable format. You are then free to transfer this data to a similar service provider.
- Right to withdraw your consent
You may withdraw your consent to the processing of your personal data at any time, for example for personalized marketing communication purposes.
SECTION 16 - HOW WE PROTECT YOUR INFORMATION
Our security measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.
SECTION 17 - LOCATION OF SITE AND DATA CONTROLLER
Our Website is hosted on Shopify, Inc. and is operated by Viva La Body in Australia and all our website information is stored in Cloudflare Servers in Montreal, Canada. If you are located in the European Union, please be aware that any information you provide to us will be transferred to and stored on this server. By using our Site, participating in any of our services and/or providing us with your information, you consent to this transfer.
SECTION 18- THIRD-PARTY WEBSITES
SECTION 19- CHANGES TO THIS POLICY
We may amend this Policy at any time. If we make any material change in how we collect, use, disclose, or otherwise process personal information, we will prominently post a notice regarding such change on the Services. Where required to do so by law, we may seek your prior consent to any material changes we make to this Policy.
SECTION 20- YOUR DATA CONTROLLER
If you have any questions or concerns about this Policy, please contact us using the following contact information:
Phone: +61 8 8988 2988
PO BOX 472, COOLALINGA, NT, 0839
635 BEES CREEK ROAD, BEES CREEK, NT, 0822, AUSTRALIA