Last updated: Jan 1, 2020
• the personal information we may collect from you when you visit our web site, respond to our emails, place orders via mail or fax, or otherwise contact us via telephone, email, fax or mail, use our mobile applications, place orders through social media applications (such as our Facebook App) or otherwise contact us via telephone, email, fax or mail (collectively, our “Services”),
• why we gather information from you,
• how we collect it,
• how we use it, and
• the choices you have regarding our use of personal information you have provided.
Note: You must be 18 years or older and the age of majority in your place of residence to use, subscribe or register as a member of VivaTerra (or 21 years or older in the event that you place a request for transmission of an order for a product containing alcohol). The Service is a general audience site and we do not knowingly collect, maintain or disclose personal information from or about children under 13 years of age.
Why do we gather information?
VivaTerra gathers personal information to help improve our products and customer service, to communicate with you, to process your orders, to provide an enhanced and more personalized shopping experience and to inform you, and your gift and message recipients, of special offers and discounts from us, our affiliated brands and selected third parties.
What information do we gather?
We collect information through our Web Site, emails, mail, fax, and telephone, mobile applications and social media applications (such as our Facebook App) including when you:
• place an order,
• participate in our forums, surveys, contests, sweepstakes, promotions, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, and membership registrations, and
• engage in other activities, services, products and resources we make accessible to our customers, members or users.
Depending on how you interact with us, we collect some or all of the following types of information:
• your name, address, telephone number, email address,
• billing information (credit card number, expiration date alternate or additional billing information and billing address),
• gender and birth date, if you choose to enter such information,
• products purchased and occasion type (for example, Mother's Day),
• any promotion or gift card code and related information (for example, if you are claiming frequent flyer miles),
• Message and gift recipients' names, addresses, telephone numbers and email addresses, and
Information you provide to us may be collected by us even if an order, registration, or other process is started but not completed or otherwise cancelled. Members may also add to their Address Book the name, address and telephone number of friends or other persons to whom they may wish to send gifts or expressions. Only Members have the right to view and edit their Address Book entries.
How we use "Cookies" and "Action Tags"?
We have relationships with third parties who may receive personal information directly from the cookies placed by our Web Site on your computer to assist in analyzing our business and customers.
Our Web Site also uses a common web technology called "action tags" (also called single pixel gifs or web beacons) to anonymously track purchase, usage and other web activity information. Action tags (including third party tags) may be used to provide data to third parties for tracking purposes. However, our Web Site does not use action tags to collect or transfer personal information.
How we use the information we collect?
We use information we collect to communicate with you, to process your orders, to provide an enhanced and more personalized shopping experience, to inform you and your gift and message recipients of offers and discounts from VivaTerra and our affiliated brands and to enable you to receive credits for purchases under loyalty or buying programs which you have joined. In addition, we may make such information (except for credit card number and expiration date, unless you consent otherwise), including aggregated information, available to selected third parties including, but not limited to, those who share or rent information for direct marketing purposes.
However, without your consent, we do not make your, or your gift or message recipients' email addresses, available to third parties (as that term is defined and limited below). For example, we may make your postal address available to third parties for marketing purposes, however we would not share your email address without your consent. In addition, you may instruct that other personal information about you or your message or gift recipients' that you have provided to us not be shared with third parties by following the instructions in How to Limit the Use of Personal Information, below.
Our Affiliates, subcontractors, and agents, and any successors to our business (if we ever sell some or all of our business), are not considered to be third parties under this Policy. We may provide your information to our Affiliates for use in connection with their businesses, including sending you offers and promotions. However, in connection with information collected under this Policy, they are required to comply with this Policy. "Affiliates" are persons or entities directly or indirectly controlling, controlled by, or under common control with VivaTerra International LLC.
Consent to Transfer and Submission
Our Services are operated in the United States. If you are located outside the United States, please be aware that any information you provide to us will be transferred to and stored in the United States. By using the Services or otherwise providing us with information, you hereby consent to this transfer.
Links to Other Web Sites
Security and Passwords
If you place an order on our Web site, it encrypts the credit card number you submit prior to transmission over the Internet using secure socket layer (SSL) encryption technology. This technology works best when the Web Site is viewed using Microsoft's Internet Explorer® or Netscape Navigator®. However, no transmission of data over the Internet or any other network can be guaranteed to be 100% secure. Although we make reasonable efforts to safeguard personal information once we receive it, we cannot warrant the security of information we receive.
Portions of the Web Site (such as our Member registration and Address Book) may require registration and log-in processes in which you will select a user ID and password (collectively, the "Password"). Passwords provided to you by us are the confidential property of the Company and may be used by you solely for your individual use of the Web Site (and otherwise as specified by us). You are responsible for maintaining the confidentiality of any Password and for all activities that occur using your Password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your Password or accounts.
We may provide you with the ability to log into our Services using a social media account, such as Facebook Connect. We do not control the activities of such social media services and have no control over the data they collect or their privacy practices. You should review their privacy practices before using any such social media service.
How to Limit the Use of Personal Information
From Third Parties
We do not share email addresses you provide with third parties without your consent. In addition, if you prefer that other personal information provided by you not be shared with third parties, please let us know by emailing, writing or calling us as described below. Your instructions will be processed as soon as reasonably practicable and in accordance with law.
Emailing us at: email@example.com from the email address which you wish to have removed (i.e. not shared with third parties), and include your postal mailing address in the message; or
Writing us at:
VivaTerra Customer Satisfaction Department
7021 Wolftown-Hood Rd
Madison, VA 22727
Telephoning us at 1-800-233-6011 Monday – Saturday, 8am to 10pm ET. (Please, include or tell us your mailing address, and if you have a catalog, brochure or other mailing label from us, please include it with your request or have it ready when you call).
From our Affiliates
If you also prefer not to have us provide personal information about you to our Affiliates, please indicate in your email or letter that you wish your instructions to apply to our "Affiliates."
If you also prefer that we not use the personal information you have provided to contact you or your message or gift recipients for our own marketing and promotional purposes, please indicate in your email or letter that you wish your instructions to apply to "VivaTerra". These instructions, however, do not apply to non-promotional messages from us.
Please note that your instructions (above) do not govern the use of information you have provided to our Affiliates or to third parties (including any merchants referenced or accessible via our Service). The use of information you have provided to our Affiliates or to third parties is governed by their privacy policies and terms.
If you would like to update, erase or restrict the use of Personal Data previously provided to use, please send an e-mail including your complete name, postal address, and email address to firstname.lastname@example.org.
Members can modify and update their membership information (including name, mailing address, birth date, telephone number and email address) by accessing the password-protected "Update Membership" page.
CALIFORNIA CONSUMER PRIVACY ACT OF 2018 (CCPA)
You have the right to request, twice a year and free of charge, information that VivaTerra collects, uses, discloses and sells by following the instructions under "How to Make a Request" below.
You may delete your personal information collected or maintained by VivaTerra by following the instructions under "How to Make a Request" below. We cannot keep a record of individuals whose personal information we have deleted so you may be contacted again by us, should we come into possession of your personal information at a later date.
If you decide to delete your personal information, you may lose out on coupons and other targeted incentives that may save you money. In order to keep these incentives, VivaTerra must have access to your Identifiers and Commercial Information listed below.
If you exercise your rights under the CCPA, VivaTerra will not discriminate against you.
How to Make a Request
To make such a request, please submit your request via this Webform. You also may contact us via our customer service line at 1-800-233-6011 or email us at email@example.com. Once the webform is submitted you will receive an email to the email address you have mentioned. A VivaTerra representative will contact you within 10 business days to confirm your identity. We will request your name, mailing address, and email address from you in order to complete the verification process. We will also request some additional information, such as: last four digits of your credit card, last item ordered, date of last order, total dollar charge of last order, last item you returned, name of person you have shipped to in the past, or a monogram you have placed on a recent order. Once confirmed VivaTerra will take action on your request for information or request for delete in 45 days. If more time is needed to respond, VivaTerra will notify you. You may use an authorized agent to make a request on your behalf.
VivaTerra has collected, will collect and has disclosed the personal information in the last 12 months described in the categories below:
• Identifiers: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): A name, signature, address, telephone number, driver's license or state identification card number, bank account number, credit card number, debit card number, or any other financial information. Some personal information included in this category may overlap with other categories.
• Protected classification characteristics under California or federal law: Age, sex (including gender, gender identity, gender expression) or veteran or military status
• Commercial information: Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• Internet or other similar network activity: Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
• Geolocation data: Physical location or movements.
• Inferences drawn from other personal information: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Your Consent and Changes to this Policy