YOUR PRIVACY

Last Updated March 11, 2013

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE, BY VISITING THIS WEBSITE AND REQUESTING INFORMATION, PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT PROVIDE ANY INFORMATION OR USE ANY OF THE SERVICES OR PRODUCTS OFFERED OR PROVIDED ON ANY OF THE WEBSITES REFERRED TO IN THIS PRIVACY POLICY.

PLEASE NOTE: THIS COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY, ALTER, OR OTHERWISE UPDATE THIS PRIVACY POLICY. SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED PRIVACY POLICY. PLEASE CHECK BACK FREQUENTLY FOR UPDATES AS IT IS YOUR SOLE RESPONSIBILITY TO BE AWARE OF CHANGES. WE DO NOT PROVIDE NOTICES OF CHANGES IN ANY MANNER OTHER THAN BY POSTING THE CHANGES AT THIS WEB SITE.

The Privacy Policy below describes the information collection, use, and dissemination practices of the owner and operator of this website, its parents, subsidiaries and registered d/b/a companies (Collectively Referred herein after as "Company") and all related websites owned or registered to Company and applies to Company's collection, use, storage and disclosure of information by Company on its (a) websites, including all its divisions, subsidiaries and related companies (collectively, the "Websites"), (b) on various Third Party websites, and (c) to Company's other information collection, including the acquisition of customer information from third parties. This policy applies to Company's collection, use, storage and disclosure of information by Company on its, (a) websites, including all its parent companies, divisions, subsidiaries and related companies (collectively, the "Websites"), (b) on various third party websites, and (c) to Company's other information collection, including the transfer of opt-in customer lists from third parties, or the use of customer opt-in lists from third parties. Company is not responsible for the information collection or privacy practices of third party websites or applications. A Company is not responsible for the information collection or privacy practices of third party websites or applications.

By reference, this Privacy Policy is incorporated into and is subject to the Terms and Conditions pertaining to the use of the website. Your use of the website and any personal information you provide via the website or through other official Company contact remains subject to this Privacy Policy as well as the applicable Terms and Conditions for use of the site or services and products contained thereon.

1. Collection of Information.

1.1 User Direct Information.
Each time you provide or transmit information via the Website, Company may obtain and collect personally identifiable information provided by you, including, but not limited to, your name, email address, mailing address, social security number, credit card information, and telephone number. You may also provide us with information that, when combined with personally identifiable information, provides us with a better idea of who you are, including but not limited to your gender, birthday, marital status, and education level (collectively referred to as "personal information"). This information is used to personalize our communications with you about products and services that are specific to your needs and interests. If you choose to access our website, use our services or purchase our products, we may require you to provide personal information as indicated on the forms throughout the site.

1.2 Survey Information.
Company may collect information from you when you voluntarily complete a Company survey, order form, or a registration page either online by using the internet, by providing this information via mail or other courier type service, in person or using a telephone. Additionally, this information may be collected by surveys, order forms, or registration pages operated by third parties. This method of collection is collectively known as a "Survey." In such Surveys, Company or a third party may ask you to provide personal identifiable information including, but not limited to, your name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, social security number, employment information, personal and online interests, and such other information as may be requested from time to time. Completing the Surveys is completely voluntary, and you are under no obligation to provide Survey Information to Company or a third party.

1.3 Third Party Information.
From time to time, Company will acquire your information through a third party to which you have provided personal information. Such information may include, but is not limited to, your name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests, and such other information as the you may have provided to the third party. When acquiring this information, Company seeks reasonable assurances from all third parties that you agreed to provide and have such information acquired by Company. By using this site you agree to hold harmless Company from claims arising from Company's use of any and all information supplied to company by third parties, to which you did not give your consent. If you did not give express permission, or you would like to remove your permission, you may suppress all of your information by sending notification to us at info@vivafreshfood.com Sorry, you need Javascript on to email me. .

1.4 Other Methods of Collecting Personal Information.
Company may also collect such personal information, as discussed in this section, from another source and may use that information in combination with information provided from the website, surveys and third parties. Other occasions when Company obtains information from you include, but are not limited to (1) Information supplied by you in connection with your claiming a prize or seeking to redeem an offer by Company or by a third party, (2) Information supplied by you in connection with any request for assistance through Company's customer service department, and (3) Information supplied by you when voluntarily subscribing to any Company service or newsletter.

1.5 Cookies, Web Beacons, and Other Info Collected Using Technology.
Company currently uses cookie and web beacon technology to associate certain Internet-related information about you with information about you in its database. Additionally, Company may, in its sole discretion, use any and all new and evolving sources of information gathering and association that it deems appropriate, provided, however, that these methods comply with all state and federal regulations,

1.5.1 Cookies.
Like many other commercial websites, this website uses a standard technology called a "Cookie". Cookies are small text files featured on your browser software, which you may enable or disable. If enabled, we may write cookies that store small amounts of data on your computer about your visit to any of the pages on or associated with this Site. Cookies assist us in tracking which of our features appeal to you and what content you may have viewed on past visits. When you visit this site again, cookies can enable us to customize our content according to your preferences. We may use cookies to: keep track of the number of return visits to this site; accumulate and report aggregate, statistical information on website usage; deliver specific content to you based on your interests or past viewing history; save your password for ease of access to our Site. You may disable cookies through your web browser's software, although, in doing so, this Site may not function properly for you. Your browser preferences can be modified to accept or reject all cookies, or request a notification when a cookie is set. You may read more about cookies at http://cookiecentral.com. In order to use all of the features and functionality of Company's websites, you need to accept cookies.

1.5.2 Web Beacons.
A web beacon (also known as a "1x1 pixels" or "Clear GIF's") is a programming code that can be used to display an image on a web page or to transfer your unique user identification to a database and associate you with previously acquired information about an individual in a database. This allows Company to track certain websites you visit. Web beacons are used to track online behavioral habits for marketing purposes. This is done in order to determine products or services you may be interested in and to attempt to avoid sending you offers you may not be interested in. In addition to using web beacons on web pages, Company also uses web beacons in email messages sent to individuals listed in Company's database.

1.5.3 IP Addresses.
Company automatically tracks certain information based upon your behavior on the site. We may use this information to do internal research on our users' demographics, interests, and behavior to better understand, protect and serve you and our community. This information may include the URL that you just came from (whether this URL is on the site or not), which URL you next go to (whether this URL is on the site or not), your computer browser information, and your IP address. Your Internet Protocol ("IP") is a unique Internet "address" which is assigned to you by your Internet Service Provider ("ISP"). For local area network ("LAN"), DSL, or cable modem users, an IP address may be permanently assigned to a particular computer. IP addresses are automatically logged by Web servers, collecting information about a user's traffic patterns. While the IP address does not identify an individual by name, it may, with the cooperation of the ISP, be used to locate and identify an individual using the Web. Your IP address can, however, reveal what geographic area you are connecting from, or which ISP you are using. Finally, other websites you visit have IP addresses, and we may collect the IP addresses of those websites and their pages.

1.5.4 Computer Profiles.
Company uses Individual Information, collected through means discussed above and through public databases, to create personal profiles of its users. .Company may also collect and accumulate other anonymous data which may help us understand, analyze and improve the Internet experience of our visitors. For instance, Company may accumulate visitor data relating to referring domain names, the type of browsers used, operating system software, screen resolutions, color capabilities, browser plug-ins, language settings, cookie preferences, search engine keywords and JavaScript enablement. When you provide us with Personal Identification Information, we are able to use such visitor data to identify you.

1.5.5 Data Analysis.
Data Analysis technology may be employed from time to time if used by a Client of Company.

1.5.6 New Technology.
The use of technology on the Internet, including cookies and web beacons, is rapidly developing. As a result, our data collection and storage policies and procedures may change from time to time. Company strongly encourages individuals to frequently revisit this policy for any updates regarding its use of new technology.

1.6 Protecting the privacy of children.
Children should always get permission from their parents before sending any personal information over the internet. Company will never knowingly collect any personal information about children under the age of 13. If Company obtains actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately deleted from its database. Because it does not collect such information, Company has no such information to use or to disclose to third parties. Company has designed this policy in order to comply with the Children's Online Privacy Protection Act ("COPPA"). If you are under the age of 13, please do not provide any information about yourself on this website.

1.7 Credit Card Information.
Company may, in certain instances, collect credit card numbers and related information when an individual places an order through Company. When the credit card information is submitted to Company, such information is encrypted and is protected with SSL encryption software. Company will only use such information as a pass through entity for purposes of facilitating the processing and completing of authorized transactions by third parties.

2. Use of Individual Information.

2.1 General Use.

The following paragraphs in Section 2 describe how Company currently uses Individual Information. Company reserves the right, in its sole discretion, to change or broaden its use of such information at any time. Company may, but is not limited to, the use of Individual Information to provide promotional offers to individuals by means of email advertising, telephone marketing (including SMS service), direct mail marketing, online banner advertising, and package stuffers. Company uses advertising technology and user information to connect users with products and services. Company does not directly offer any of the advertised products or services listed on this or any of its websites. The product and service providers you are matched with are not directly affiliated (This meaning that all providers are independent contractors) with Company, and decisions pertaining to the provision of such goods and services are made at the discretion of such providers.

2.2 Email and Unsubscribe Policy.

Company uses Individual Information to provide promotional offers by email to individuals. Company may maintain separate email lists for different purposes. If email recipients wish to end their email subscription from a particular list, they need to follow the instructions at the end of each email message to unsubscribe from the particular list. This site allows visitors to unsubscribe from this offer so that they will not receive future messages. After unsubscribing we will discontinue sending the particular messages as soon as technically feasible. Any commercial emails sent by Company are in full compliance with the CAN-SPAM act of 2003 and any other state or federal statutes.
Company's unsubscribe process impacts only the future delivery of electronic mailings disseminated by Company on its own behalf. You may still receive electronic mailings sent on behalf of Third Parties and your personal information may still be shared with Third Parties for use in offline marketing and data appends, including email appends.
You should also note that unsubscribing from Company's electronic mailings will not automatically unsubscribe the subscriber's information from any Third Party business associates and licensees of the data. Since Third Party associates and licensee partners maintain separate databases from Company, you will need to unsubscribe from each source individually, if desired. This allows you the freedom to pick and choose which subscriptions to maintain and which to discontinue. By providing your personal information on this website you agree to hold Company harmless for any claims or damages resulting from continued third party contact or from the sharing of your information by Company for use in offline marketing.

2.3 Content of Email Messages.

In the event the Advertiser needs to contact you via email message through Company, an Advertiser's name will appear in the "From:" line but hitting the "Reply" button will cause a reply email to be sent to Company. The "Subject:" line of Company email messages will usually contain a line provided from the Advertiser to Company. Company is not liable for any damages resulting from sensitive or personal information being provided by you to Company under the mistaken belief that Company is a particular advertiser with which you are, were, or may become a customer.

2.4 Solicited Email.

In compliance with the CAN-SPAM act of 2003 and any other applicable state or federal statutes, Company only sends email to individuals who have agreed ("opted in") on the Websites to receive email from Company, any third-party with whom Company shares information in accordance with this Privacy Policy, or to individuals who have agreed on a Third Party website to receive email from such Third Parties or Company. As such, Company does not send unsolicited email messages.

2.5 Targeted Advertising.

Company uses Individual Information to target advertising to an individual. When an individual is using the Internet, Company uses Information Technology to associate an individual with that person's Information. Company uses this information in an attempt to show advertising for products and services in which the person has expressed or demonstrated an interest. Company may, at its discretion, target advertising to you by means of email, direct mail, telephones, cell phones, SMS, text messaging and any other means of communication, which Company, in its sole discretion, deems reasonable, to provide promotional offers.

2.6 Telemarketing.

Company uses Individual Information to advertise, directly or indirectly, to individuals using direct mail marketing or telemarketing using telephones and cell phones. We may use individual information to provide the services you've requested, including services that display customized content and advertising via this method. By Agreeing to this policy User is consenting to receive phone calls from Company, its affiliates and its partners for contact via telephone, and thereby waives their right to file a claim with the FTC or any other agency in regards to these contacts or calls.

2.7 Wireless Addresses.

If the e-mail address you provide to Company is a wireless e-mail address, you agree to receive messages at such address from Company or its business associates (unless and until you have elected not to receive such messages by following the instructions in the unsubscribe portion of this policy). You understand that your wireless carrier's standard rates apply to these messages.

2.8 Short Message Service.

Company may make available a service through which you can receive messages on your wireless device via short message service ("SMS Service") from Company or from third parties. Data obtained from you in connection with this SMS service may include your name, address, cell phone number, your provider's name, and the date, time, and content of your messages. You represent that you are 18 years of age and the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges. In addition to any fee of which you are notified, your provider's standard messaging rates apply to our confirmation and all subsequent SMS correspondence. All charges are billed by and payable to your mobile service provider. Company will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis. Company may also obtain the date, time and content of your messages in the course of your use of the SMS Service. We will use the information we obtain in connection with our SMS Service in accordance with this Privacy Policy. If fees are charged to your wireless account invoice, we may provide your carrier with your applicable information in connection therewith. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies. You acknowledge and agree that the SMS Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service. We may also access the content of your account and wireless account with your carrier for the purpose of identifying and resolving technical problems and service-related complaints.

If SMS message was sent by Company, you may remove your information from Company's database. You may still receive SMS service sent on behalf of Third Parties and your personal information may still be shared with Third Parties for use in offline marketing and data appends, including email appends. You should also note that unsubscribing from Company's SMS service will not automatically unsubscribe the subscriber's information from any Third Party business associates and licensees of the data. Since Third Party associates and licensee partners maintain separate databases from Company, you will need to unsubscribe from each source individually, if desired. This allows you the freedom to pick and choose which subscriptions to maintain and which to discontinue. By providing your personal information on this website you agree to hold Company harmless for any claims or damages resulting from continued third party contact or from the sharing of your information by Company for use in offline marketing.

If SMS recipients wish to end their SMS subscription from a particular list, they must follow the instructions at the end of each SMS message to unsubscribe from that particular list. The unsubscribe process impacts only future delivery of SMS texts by sender. You may remove your information by sending "STOP", "END", "QUIT" to the SMS text message you have received.

2.9 Use of Technology Information.

Company uses Technology Information (1) to match a person's Survey Information and Third Party List Information to other categories of Individual Information to make and improve profiles of individuals, (2) to track a person's online browsing habits on the Internet, (3) to determine which areas of Company's websites are most frequently visited. This information helps Company to better understand the online habits of individuals so that Company can target advertising and promotions to them.

2.11 Storage of Individual Information.

Company is committed to ensuring that your information is secure. In order to prevent unauthorized access, Company stores the Individual Information it has collected or received in a database on its' computers. We have put in place suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect. Unfortunately, the transmission of data via the internet is not completely secure.. Notwithstanding such measures, Company cannot guarantee that its security measures will prevent its computers from being illegally accessed, and the Individual Information on them stolen or altered. Any transmission of data to us is at your own risk.

3. Use of Personal Information.
Company uses your personal information in the following 3 ways: Customer Service; Sharing your personal information with third parties in connection with the offering of goods or services through or by such third parties, Marketing; and Complying with Legal Process. For further Clarification, read sections below.

3.1 Third Parties.

Company may provide your personal information to third parties with whom they have a business relationship for the purposes of securing the services and products you have requested or provide you with additional marketing materials from which you may choose additional products or services. This subsection details the use of personal information by third parties.

3.1.1 Order Fulfillment.
Company will transfer your personal information to third parties when necessary to provide a product or service that you order from such third party while using Company's websites or when responding to offers provided by Company.

3.1.2 Data Summary.
Company may sell or transfer non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons.

3.1.3 Marketing.

Company will disclose your personal information to third party agents and independent contractors to help us conduct our marketing and survey efforts and to share with other companies in connection with marketing efforts including but not limited to direct marketing, email advertising, telephone marketing (including SMS service), direct mail marketing, online banner advertising, and package stuffers.

You may have no prior relationship with these other companies.

3.1.4 Affiliations/ Mergers/ Acquisitions.

Company further reserves the right to disclose, transfer or sell your personal information to companies who are affiliated with Company in Company's sole discretion. If Company changes ownership through an acquisition, merger, sale or other change of business status, it reserves the right to transfer or assign the right to use your Personal Information collected from the Website.

3.2 Marketing.
Company will use your personal information for any marketing and survey purpose on behalf of Company and its affiliates and subsidiaries to send information to you about additional goods or services that may be of interest to you.

3.3 Complying with Legal Process.
Company will use or disclose your personal information in response to subpoenas, court orders, warrants, or legal process, or to otherwise establish or exercise our legal rights or defend against legal claims or in the event you violate or breach an agreement with Company. Company will use and disclose your personal information if we believe you will harm the property or rights of Company , its owners, or those of Company's other customers. Finally, we will use or disclose your personal information if we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Company's acceptable use policy, or as otherwise required by law when responding to subpoenas, court orders and other legal processes.

3.4 Our right to Contact You.

By using our website, you consent to Company, or a third party with whom Company shares information in accordance with this Privacy Policy, to contact you by phone, email, or any other reasonable means for marketing purposes or regarding your account status and changes to subscriber agreements, privacy policy, or any other policies or agreements relevant to you. This section does not in any way create an obligation in Company to notify you of any such changes.

3.5 Changes/Additional uses.

From time to time, at Company's sole discretion, Company may change the policies concerning the use of your personal information. Any such changes will be reflected in this policy prior to such use. As stated previously, it is your sole responsibility to be aware of any changes to this policy.

4. Privacy Practices of Third Parties.

4.1 Advertiser cookies and web beacons.
Advertising agencies, advertising networks, and other companies who place advertisements on the websites and on the internet generally may use their own cookies, web beacons, and other technology to collect information about individuals. Company does not control the use of such technology and Company has no responsibility for the use of such technology to gather information about you.

4.2 Links.
The websites and email messages sometimes contain hypertext links to the websites of third parties. Company is not responsible for the privacy practices or the content of such other websites. Linked websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. Company does not operate or control in any respect any information, software, products or services available on such third party websites. The inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

5. Additional Provisions

5.1 Foreign use of the Website.

To the extent that you are accessing the Website while domiciled outside of the United States, you acknowledge that the Personal Information you are providing Company is collected and stored in the United States and therefore consent to the transfer of information to and storage of the information outside of your domiciled country and in the United States. You further consent to the transfer of your Personal Data and Sensitive Personal Data, and any other data we acquire about you from third-party service providers to companies outside the EU, including but not limited to, other consumer credit lenders and their affiliates. Additionally, by registering and using this Site, You also acknowledge that the processing of your individual information may involve the transfer of such Individual information from within or outside the European Economic Area ("EEA") to countries within or outside the EEA whose data protection regulation may not be as stringent as that within the European Union. This website is not intended for use by Party's outside of the US. If you are not a resident of the United States do not submit any information via this website. Company disclaims and Party shall hold Company harmless from any liability for damages arising from the transfer, storage, or dissemination of information in violation of this section.

5.2 User Consumer Rights.
In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov. Additionally, any individual from any state have the right to file grievances with their respective consumer affairs agencies. For more information about protecting your privacy, you may wish to visit: http://www.ftc.gov

For grievances or complaints you may also contact Company directly at info@vivafreshfood.com Sorry, you need Javascript on to email me.

5.3 Fraud Prevention.
If false or inaccurate information is provided, including in relation to a person's identity and fraud is identified, details about this information, including customer Personal Data, will be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. We and other organizations may also access and use this information to prevent fraud and money laundering, for example when: checking details on applications for credit and credit related and other facilities; managing credit and credit related accounts or other facilities; recovering debt; checking details on proposals and claims for all types of insurance; and checking details of job applicants and employees. For further details of the relevant fraud prevention agencies please contact us as described in this Privacy Policy.