Effective Date: 05/01/19
Last Updated: 7/16/20
- “Personal Data,” which refers to information that can be used to identify you, directly or indirectly; and
- “Anonymous Data,” which refers to information that cannot be used to identify you.
Information We Collect & How We Collect It
We collect the following information through our Services:
- Personal identification information like your name, email address, mailing address, date of birth, and phone number;
- Billing information such as a credit card number and billing address;
- Unique identifiers such as a user name, universal ID number, and password;
- Preferences information such as product “wish lists,” order history, marketing preferences, and notification preferences;
- Survey responses, including information we receive through chat bots and text messages;
- Personal information that you might send to us via email or other correspondence with our personnel;
- Log and analytics information such as IP address, time of visit, browser type, device type, and the entry/exit points onto our websites.
We collect Personal Data and Anonymous Data in the following ways:
- When you voluntarily give us information. For example, you may provide us information by filling in forms on our Services, or by corresponding with us or automated services by telephone, email or otherwise. This includes information you provide when you register for a newsletter, take part in a survey or promotion, or report a problem with our websites or mobile applications.
- Through our clients and service providers. We have contracts with clients and service providers who automatically collect and supply us Personal Data and Anonymous Data when you use our Services. Our service providers who provide information to us include products like Google Analytics, Shopify, ShipStation, Zapier, and Facebook Pixel, which provide information about how users interact with our Services and help us automate the ordering process.
What are Cookies
Cookies are small data files stored on your hardware that help us remember you and your settings and to collect general, anonymous information about how users use our Services. Cookies can be “persistent” or “session” cookies. We use persistent cookies and session cookies.
A persistent cookie is stored on a user’s device in between browser sessions which allows the preferences or actions of a user across the Services (or in some cases across different websites) to be remembered. We use persistent cookies to save your login information for future visits to our Services and to remember your settings for following visits to our Services.
A session cookie allows the Services to link your actions during a browser session. We use session cookies to enable certain features of our Services, to better understand how you interact with our Services and to monitor aggregate usage by users and web traffic routing on our Services. Unlike persistent cookies, session cookies are deleted from your device when you log off from our Services and then close your browser.
Web Beacons (sometimes called “pixel tags”) are small images placed on our Services to compile usage and analytics data. Web beacons allow us to collect Anonymous Data regarding how a specific page is used, including how many users are on a page or what links they click on the page.
Options and More Information
You can set up your browser options to stop your device accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use certain functionalities of our Services.
To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit http://www.aboutcookies.org, http://allaboutcookies.org, and http://optout.aboutads.info/.
To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. To modify your settings for Facebook ad tracking you can visit https://www.facebook.com/ads/preferences/.
How We Use Your Information
We use Personal Data:
- For any purpose that you consent to, including:
- Recommending products to you.
- Sending you product and service information.
- Sending you newsletters you request.
- Displaying content based on your interests.
- Providing you with the information, products and services that you request from us.
- Verifying your eligibility and deliver prizes in connection with contests and sweepstakes.
- Responding to your inquiries.
- To fulfill our contractual obligations to you, including:
- Fulfilling your orders and send you order confirmations.
- Processing payment for purchases you make.
- Sending important notices, such as communications about changes to our terms, conditions, and policies.
- To comply with our legal obligations, for instance to respond to a lawful government request.
- Pursuant to our legitimate interests to provide our customers a fair and professional experience, including:
- Providing technical administration and customer support.
- Making it easier for you to log back into our Services.
- Notifying customers about changes to our Services.
- Sending you information that you request from us.
- Ensuring that content from our Services is presented in the most effective manner for you and for your device.
We collect, analyze and use Anonymous Data in an aggregated form to help us provide you with a better user experience on our Services and to improve our Services. For example, we keep track of the domains from which users visit the Services, the types of devices that access the Services, and visitor activity on the Services. We aggregate this Anonymous Data to better understand how our Services are used and how they can be improved.
Disclosure of Your Information
We are not in the business of sharing or selling your Personal Data. We consider this information to be a vital part of our relationship with you. However, in addition to specific requests by you, there are certain circumstances in which we may share your Personal Data with third parties without further notice to you, as set forth below:
- Business Transfers. As we develop our business, we may buy, sell or reorganize businesses or assets. In the event of such sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
- Agents, Consultants and Service Providers. We, like many other businesses, sometimes hire other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function, and we only allow them to process that information for the purposes the information was collected.
- Credit Card Processing. We use third-party service providers to manage billing and credit card processing. Except for shipping information, we generally do not have direct access to this type of data, but we may in a limited capacity serve as an intermediary that passes such data from you to the payment processor.
- Service Optimization. We use analytics and search engine providers to assist us in the improvement and optimization of our Service and provide information to providers such as Google for these purposes.
- Legal Requirements. We may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation; (ii) enforce, protect or defend our rights or property, or the rights or property of others; (iii) act in urgent circumstances to protect the personal safety of users of our Services or the public; (iv) protect against legal liability; (v) prevent fraud; or (vi) reduce credit risk.
Special Notification for California Residents – Your Privacy Rights
Individuals who are residents of California and have provided their Personal Data to us may request information regarding our disclosures, if any, of their Personal Data to third parties for direct marketing purposes. Such requests must be submitted to our Privacy Officer in writing at email@example.com or:
Vernon Health LLC
1732 1st Ave, #20745
New York, NY 10128
Such requests must include the reference “Request for California Privacy Information” in the subject line and in the body of the message and must include the e-mail address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted to us if not submitted pursuant to the terms set forth above.
Storage of Personal Data
Our Services are global and your information (including Personal Data) may be stored and processed in any country where we have operations or where we engage service providers, and we may transfer your information to countries outside of your country of residence, which may have data protection rules that are different from those of your country of residence.
If you live in the European Economic Area (the “EEA”), the Personal Data that we collect from you may therefore be transferred to, and stored at, a destination outside the EEA. It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers or partners. By submitting your Personal Data, you agree to this transfer, storing or processing outside of the EEA.
Protection of Your Information
All information you provide to us is stored on our secure servers located in the United States. Any credit card information or payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Services, you are responsible for keeping this password confidential. We ask you not to share any password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will endeavor to protect your Personal Data, we cannot guarantee the security of your data transmitted to our Services. Please be advised that no communication over the Internet is 100% secure, and any data transmission over the Internet is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
Links to Other Websites
Our Services may, from time to time, contain links to and from the websites of our partner networks, clients, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
The Company is not covered by HIPAA as we are not a health provider or business associate of a health provider. This means that the information that you provide to us is not protected by the HIPAA privacy rules and regulations.
Your Data Protection Rights
You have the following rights with respect to your Personal Data:
- Right to Access – you have the right to request from our Company any copies of Personal Data. We may charge you the reasonable costs of providing such copies, if there are any.
- Right to Rectification – you have the right to request that our Company correct any information you believe is inaccurate or incomplete. Most of this information can be corrected via your account page when you log into our Services.
- Right of Erasure – You have the right to request that our Company areas your Personal Data by sending an email to firstname.lastname@example.org. When we receive a request to delete your Personal Data, we will use commercially reasonable efforts to honor your request within a reasonable time (but in no event more than 30 days).
- Right to Restrict Processing – You have the right to request that our Company restrict the processing of your Personal Data under certain conditions.
- Right to Object to Processing – You have the right to object to our Company’s processing of your Personal Data under certain conditions.
- Right to Data Portability – You have the right to request that our Company transfer the data that we have collected to another organization, or directly to you, under certain conditions.
Additionally, you may choose to stop receiving communications from us by following the unsubscribe instructions included in emails or other marketing materials.
We retain Personal Data for as long as necessary for the relevant activity for which it was provided or collected. This will be for as long as we provide access to the Services to you. However, we may keep some data after your account is closed or you cease using our Services for the purposes set out below.
After you have closed your account or ceased using our Services we usually delete Personal Data; however, we may retain Personal Data where reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, maintain security, prevent fraud and abuse, resolve disputes, enforce our contracts, or fulfill your request to “unsubscribe” from further messages from us.
We may retain Anonymous Data indefinitely.
SMS/MMS Mobile Messaging Marketing Program Terms and Conditions
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in New York, New York before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which The Company’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
Vernon Health LLC
1732 1st Ave, #20745
New York, NY 10128