Havasu Nutrition Website Privacy Policy

Effective Date: 12/01/2021

This Privacy Policy applies to your use of any “Havasu Nutrition”, “Company”, “we”, “us”, “our”) website or service that posts a link to this Privacy Policy (“Service”), regardless of how you access or use it. Because we gather certain types of information about the users of the Service, we believe you should fully understand the terms and conditions surrounding the capture and use of that information. This privacy policy discloses what information we gather and how we use it.

This Privacy Policy will provide you with information as to how Company collects, uses, and discloses information about you, including the choices Company offers with respect to that information. If you do not agree and consent, please discontinue use of the Service, and uninstall Service downloads.

By visiting or otherwise using the Service, you consent to Company’s collection, use, and disclosure of your information and to the practices described in this Privacy Policy and agree to our Terms of Use [Link], and any additional privacy statements that may be posted on an applicable part of the Service.

1.      INFORMATION WE COLLECT.

a.    Information about you that you Provide.

Company and its Service Providers (defined below) may collect information you provide directly to Company and/or its Service Providers via the Service. For example, Company collects information when you submit an inquiry via the “Contact Us” form on our website or transact through the Service. Information that Company, its Service Providers and/or Third-Party Services (defined below) may collect may include: personally identifiable information, which is information that identifies you personally, such as your first and last name, email address, phone number, address, and full payment card number (“Personal Information”). In addition, Personal Information, once “De-identified” (i.e., the removal or modification of the personally identifiable elements, or the extraction non-personally identifiable elements is also non-Personal Information and may be used and disclosed without obligation to you, except as prohibited by applicable law. To the extent any non-Personal Information is combined by or on behalf of Company with Personal Information Company itself collects directly from you through the Service, Company will treat the combined data as Personal Information under this Privacy Policy.

b.      Information Collected Automatically.

Company, its Service Providers, and/or Third-Party Services may also automatically collect certain information about you when you access or use the Service (“Usage Information”). Usage Information may include IP address, device identifier, browser type, operating system, information about your use of the Service, and data regarding network connected hardware (e.g., computer or mobile device). The following methods may be used on the Service to collect Usage Information include:

• Log Information: Log information is data about your use of the Service, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and may be stored in log files.
• Information Collected by Cookies and Other Tracking Technologies: Cookies, web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, fingerprinting, device recognition technologies, in-app tracking methods and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about interactions with the Service or emails.

Some information about your use of the Service and certain Third-Party Services may be collected using Tracking Technologies across time and services and used by Company and third parties for purposes such as to associate different devices you use and deliver relevant ads and/or other content to you on certain third-party services. See Section 6 [Link] regarding certain choices regarding these activities.

c.  Information Company Collects From Other Sources. Company may also obtain information about you from other sources, including Service Providers, Third-Party Services, and with businesses controlled by or under common control with us (“Affiliates”), and combine that with Personal Information. Company is not responsible or liable for the accuracy of the information provided by third parties or for third-party policies or practices.

2.      HOW WE USE THE INFORMATION WE OBTAIN.

Company may use information about you, for any purposes not inconsistent with Company’s statements under this Privacy Policy, or otherwise made by us in writing at the point of collection, and not prohibited by applicable law, including, without limitation, to:

• Allow you to participate in features we offer on the Service.
• Facilitate, manage, personalize, and improve your online experience.
• Process your registration and manage your account and/or upload your User Generated Content (“UGC”). (For more information on how UGC is treated under the Service’s Terms of Use click here) [Link to Section 5 of Term of Use].
• Transact with you, provide products, services or information you request, respond to your comments, questions and requests, serve you content and/or advertising, and send you notices.
• Improve the Service and for any other internal business purposes.
• Tailor our content, advertisements, and offers.
• Provide you with other information from and about Company’s Affiliates, including personalized marketing communications.
• Fulfill other purposes disclosed at the time you provide Personal Information or otherwise where we are legally permitted or are required to do so.
• Determine your location and manage digital content right (e.g., territory restrictions).
• Prevent and address fraud, breach of policies or terms, and threats or harm.

3.      INFORMATION WE DISCLOSE TO THIRD PARTIES.

 

Company may disclose non-Personal Information, Personal Information, and Usage Information to third parties or Affiliates. Company and third parties may convert your Personal Information to non-Personal Information, including without limitation through hashing it or substituting a unique identifier for the Personal Information, and we and third parties may use and disclose that information as permitted by applicable law, including to match data attributes to and from other sources. Any such third-party activities are subject to their privacy policies and practices. Company’s disclosure of PI, is subject to the following:

Subject to your communications choices explained in Section 6, we may use your Personal Information to send you marketing communications. Company may disclose your Personal Information and Usage Information to its Affiliates, and to third parties we think you might be interested in, for their own marketing purposes.

Company may also disclose any information about you for any purposes not inconsistent with this Privacy Policy, or our written statements at the point of collection, and otherwise not prohibited by applicable law, including, without limitation:

• Company’s Affiliates.
• Company’s agents, vendors, consultants, and other service providers (collectively “Service Providers”) may receive, or be given access to, your information, including, without limitation, Personal Information and Usage Information, in connection with their work on Company’s behalf. For more information on choices Service Providers may offer you, see Section 6 below.
• To comply with the law, law enforcement or other legal process, and, where permitted, in response to a government request.
• If you consent to or otherwise request the disclosure. For example, your activities on the Service may, by their nature, result in the sharing of your Personal Information and your non-Personal Information) with third parties and by engaging in these activities you consent to that and further sharing and disclosure to third parties. As more fully described in Section 4 below, such third-party data receipt and collection is subject to the privacy and business practices of that third party, not Company’s.
• If Company believes your actions are inconsistent with Company’s Terms of Use [Link], user agreements, other applicable terms, or policies, or to protect the rights, property, life, health, security, and safety of Company, the Service or its users, or any third party.

In addition, Company may disclose your Personal Information, in connection with or during negotiations of any proposed or actual financing of our business, or merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of Company assets, or transfer of all or a portion of Company’s business to another company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.

4.      Third-Party Content, Services, Analytics, and Social Features.

The Service may include hyperlinks to websites, locations, platforms, applications, or services operated by third parties (“Third-Party Service(s)”). These Third-Party Services may use their own cookies, web beacons, and other Tracking Technologies to independently collect information about you and may solicit Personal Information from you.

Certain functionalities on the Service permit interactions that you initiate between the Service and certain Third-Party Services, such as third-party social networks (“Social Features”). Examples of Social Features include: “liking” or “sharing” Company’s content; logging in to the Service using a third-party account (e.g., using Facebook to sign-in to the Service). If you post information on a Third-Party Service that references the Service (e.g., by using a hashtag associated with Company in a tweet or status update), your post may be used on or in connection with the Service or otherwise by Company. Also, both Company and the third party may have access to certain information about you and your use of the Service and any Third-Party Service.

Company may engage and work with Service Providers and other third parties to serve advertisements on Third-Party Services. Some of these ads may be tailored to your interests based on your browsing of the Service and elsewhere on the Internet, which may include use of precise location and/or cross-device data, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-Based Advertising”), which may include sending you an ad on a Third-Party service after you have left the Service (i.e., “retargeting”).

Company may use Google Analytics or other Service Providers for analytics services. These analytics services may use cookies and other Tracking Technologies to help Company analyze Service users and how they use the Service. Information generated by these services (e.g., your IP address and other Usage Information) may be transmitted to and stored by these Service Providers on servers in the U.S. (or elsewhere) and these Service Providers may use this information for purposes such as compiling statistic reports on the Service’s activity and providing other services relating to Service activity and other Internet usage.

Except to the extent we combine information we receive from Service Providers, Third-Party Services, or other third parties with Personal Information collected via the Service, in which case Company will treat the combined information as Personal Information under this Privacy Policy, data obtained by Company from a third party is not subject to the limitations under this Privacy Policy; however, such data remains subject to any restrictions imposed on Company by the third party, if any. Information collected, stored, and disclosed by third parties remains subject to their privacy policies and practices, including whether they continue to disclose information to Company, the types of information disclosed, and your choices on what is visible to others on Third-Party Services.

Company is not responsible for, and makes no representations regarding, the policies or business practices of any third parties, including, without limitation, analytics Service Providers and Third-Party Services associated with the Service, and encourages you to familiarize yourself with and consult their privacy policies and terms of use. See Section 6 [Link] for more on certain choices offered by some third parties regarding their data collection and use, including regarding Interest-Based Advertising and analytics.

5.      Accessing, Correcting or deleting Your Information; RETENTION OF YOUR INFORMATION.

You may send us an email at customerservice@havasunutrition.com to request access to, correct, or delete any information about you that we or our Service Providers hold. Company will make good faith efforts to make requested changes in Company’s active databases as soon as practicable, but it may not always be possible to completely change, remove, or delete all of your information from Company’s databases and residual and/or cached data may remain archived thereafter. We reserve the right to retain data (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data was collected except to the extent prohibited by applicable law.

Although our Service is intended for an audience over the age of majority, any California residents under the age of eighteen (18) who have registered to use our online services, and who posted content or information on the online service, can request removal by contacting us at customerservice@havasunutrition.com detailing where the content or information is posted and attesting that you posted it. We will then make reasonably good faith efforts to remove the post from prospective public view or anonymize it, so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished or archived content by search engines and others that we do not control.

6.      Choices: Tracking and Communication Options.

Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options, so you may need to set them separately. Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but Company is not responsible for the completeness or accuracy of this third-party information. Some third parties, however, may offer you choices regarding their Tracking Technologies. One way to potentially identify cookies on the Service is to add the free Ghostery plug-in to your browser (www.ghostery.com), which according to Ghostery, will display for you traditional, browser-based cookies associated with the websites (but not mobile apps) you visit and privacy and opt-out policies and options of the parties operating those cookies. Company is not responsible for the completeness or accuracy of this tool or third-party choice notices or mechanisms. For specific information on some of the choice options offered by third party analytics and advertising providers, see the next Section.

a.       Analytics and Advertising Tracking Technologies.

You may choose whether to receive some Interest-Based Advertising by submitting opt-outs. You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on. You may exercise choices regarding the use of cookies from Adobe Analytics by going to http://www.adobe.com/privacy/opt-out.html under the section labeled “Tell our customers not to measure your use of their websites or tailor their online ads for you.”

Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-Based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third-party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-Based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-Based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser, or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. Company supports the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising (https://www.iab.com/wp-content/uploads/2015/05/ven-principles-07-01-09.pdf) and expects that ad networks Company directly engages to serve you Interest-Based Advertising will do so as well, though Company cannot guarantee their compliance. Company is not responsible for effectiveness of, or compliance with, any third parties’ opt-out options or programs or the accuracy of their statements regarding their programs.

In addition, we may serve ads on Third-Party Services that are targeted to reach people on those services that are also identified on one of more of our data bases (“Matched List Ads”). This is done by using Tracking Technologies or by matching common factors between our databases and the databases of the Third-Party Services. For instance, we may use such ad services offered by Facebook, Twitter or other Third-Party Services. Company is not responsible for these Third-Party Services, including without limitation the security of the data. We are not responsible for such third parties’ failure to comply with your or our opt-out instructions, they may not give us notice of opt-outs to our ads that you give to them, and they may change their options without notice to us or you.

b.      Communications.

You can opt out of receiving certain promotional communications (emails or text messaging) from Havasu at any time by (i) for promotional e-mails, following the instructions provided in emails to click on the unsubscribe link, or if available, by changing your communication preferences by logging onto your account; [and] (ii) for text messages, following the instructions provided in text messages from Havasu to text the word, “STOP”.] Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions.  If you opt-out of only certain communications, other subscription communications may continue. Even if you opt out of receiving promotional communications, Havasu may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or Havasu’s ongoing business relations.

7.      Children.

The Service is intended for a general audience and not directed to children less than 13 years of age.

8.      sweepstakes, contests, and promotions.

Company may offer sweepstakes, contests, and other promotions (each, a “Promotion”), including Promotions jointly sponsored or offered by Affiliates or third parties, which may require submitting Personal Information. If you voluntarily choose to enter a Promotion, your information, including Personal Information, may be disclosed to co-sponsors, Affiliates, Service Providers, and other third parties, including for administrative purposes and as required by law (e.g., on a winners list). By entering, you are agreeing to the official rules that govern that Promotion, which may include consent to additional or differing data practices from those contained in this Privacy Policy. Please review those rules carefully.

9.      Nevada.

Under Nevada Revised Code 603A.333, “Sale” means the exchange of covered information for monetary consideration by the operator to a person for the person to license or sell the covered information to additional persons. The term does not include: (a) The disclosure of covered information by an operator to a person who processes the covered information on behalf of the operator; (b) The disclosure of covered information by an operator to a person with whom the consumer has a direct relationship for the purposes of providing a product or service requested by the consumer; (c) The disclosure of covered information by an operator to a person for purposes which are consistent with the reasonable expectations of a consumer considering the context in which the consumer provided the covered information to the operator; (d) The disclosure of covered information to a person who is an affiliate, as defined in NRS 686A.620, of the operator; or (e) The disclosure or transfer of covered information to a person as an asset that is part of a merger, acquisition, bankruptcy or other transaction in which the person assumes control of all or part of the assets of the operator. Companies that sell consumer personal information are required to establish a designated address through which to receive consumer requests not to sell information. A company that sells personal information that receives such a request must not sell the individual’s personal information in the future.

Based on this definition, we do not expect that most Havasu subsidiary companies “sell” personal information” as defined by Nevada law. However, if the Havasu subsidiary sells personal information under Nevada law, the second option should be chosen and a procedure established to intake and effectuate do not sell requests. Company does not “sell” “consumer” “personal information” as those terms are defined by Nevada Revised Statutes Chapter 603A.

10.  Security.

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your Personal Information when transmitted via the Service. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Service.

11.  INFORMATION FOR USERS OUTSIDE THE UNITED STATES.

If you are visiting or otherwise using the Service from outside the United States, please be aware that information we obtain about you will be processed in the United States or in other jurisdictions. By using the Service, you acknowledge your Personal Information may be transferred to, and processed in, jurisdictions outside your own, as described in this Privacy Policy. Please be aware that the data protection laws and regulations that apply to your Personal Information transferred to the United States or other countries may be different from the laws in your country of residence.

12.  Notification of Changes; Conflicts.

We reserve the right to change this Privacy Policy prospectively effective upon the posting of the revised Privacy Policy. Your use of our Service indicates your consent to the privacy policy posted at the time of use. However, we will not treat your previously collected Personal Information, to the extent it is not collected under the new privacy policy, in a manner materially different than represented at the time it was collected without your consent.  To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.

13.  Contact Company; QUESTIONS, CONCERNS.

If you have any questions or concerns regarding Company’s data practices or about this Privacy Policy, please contact us by email at support@havasunutrition.com or at 239 2nd Ave S Ste 200

St Petersburg, FL 33701 Attn: Customer Service Manager