Privacy Policy

 Privacy Policy

YOUR PRIVACY: OVERVIEW

This privacy policy (this “Privacy Policy”) sets out the privacy policies and practices for VYVE active wear with respect to how VYVE collects personal information. It also describes how vyve maintains, uses, and discloses personal information. This Privacy Policy applies to information collected from you by VYVE via this website and various subdomains (collectively, the “Sites”); our retail stores (the “Stores”); our Guest Education Centre (the “GEC”); and our mobile applications, as well as any other applications or services that display this policy (collectively, the “Services”), and other places where or means by which we may collect personal information. This Privacy Policy also sets out how you can access certain information that VYVE may collect about you. In this Privacy Policy, “personal information” means information or opinion about an individual whose identity is apparent or can be reasonably ascertained from the information or opinion as further defined under applicable privacy laws, including, but not limited to, Your Contacts and other personal information collected through the Services.

Please note that the Sites may contain links to other third party websites that are not controlled or operated by vyve. This Privacy Policy does not apply to such third party websites, and VYVE is not responsible for the content of such third party websites or the privacy practices of such third parties. Therefore VYVE encourages you to request and review the privacy policies of any third parties before disclosing your personal information to such parties or when visiting such third party websites.

CONSENT

BY SUBMITTING PERSONAL INFORMATION TO VYVE OR ITS SERVICE PROVIDERS AND AGENTS, YOU AGREE THAT VYVE MAY COLLECT YOUR PERSONAL INFORMATION AND YOU CONSENT TO THE USE, DISCLOSURE AND TRANSFER OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the purposes identified herein at any time by contacting vyve at the address provided below. If you refuse or withdraw your consent, you acknowledge that vyve may not be able to provide you or continue to provide you with certain services or information which may be of value to you.

REVISIONS TO THIS PRIVACY POLICY

vyve reserves the right, in vyve discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. However, vyve will treat your continued use of the Sites and Services following such revision as your acceptance of the revised terms. All revisions will be posted to the Sites and will apply to any personal information collected on or after the date posted. vyve will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your personal information for purposes other than those to which consent has been obtained unless otherwise required or permitted by law.

This Privacy Policy was last updated August 29, 2018.

COLLECTION OF YOUR INFORMATION

vyve may collect personal information in connection with your use or purchase of vyve products and services, including at the Stores or through your use of the GEC or the Sites or through your use of the Services, which may include information provided in connection with the following activities:

  • Registering or filling in forms on the Sites or in the Stores. This includes information you may provide when you request additional information about vyve products and services or sign up to receive vyve e-mail newsletters or coupons.
  • Completing a profile or uploading goals to the Sites.
  • Purchasing any product or service from vyve, whether at a Store or through the GEC or the Sites.
  • Providing design or product feedback or making other submissions to vyve.
  • Requesting information or assistance from vyve. Vyve may also keep a copy of any communications or correspondence you may send to it, including any e-mail communications.
  • Participating or responding to consumer survey or requests for consumer’s opinions, concerns, and preferences regarding vyve products and services.
  • Participating in consumer contests, sweepstakes and other promotions.
  • Using other features of the Sites or Services that may be offered from time to time, and may require such information in order to utilize the feature (including but not limited to making a Submission as defined in the Terms of Use).

The personal information that VYVE may collect may include your name, username, password, email address, age, date of birth, gender, address, telephone number, credit card and debit card numbers (with expiration dates), personal preferences, and any other personal information that you choose to include in your profile, your submissions of your goals to VYVE, or in other communications to vyve. In addition, vyve may collect additional information from users of our Services, such as our mobile applications as described in the “Mobile Applications” section below. You represent and warrant that you have the right and authority or have obtained all necessary consents to provide any information, including any personal information of another individual, that is provided by you to VYVE.

VYVE may also collect information that may not be personal information, which may include, but is not limited to, the frequency of user visits to the Sites and Services, the routes by which users access the Sites and Services and use of any hyperlinks available on the Sites and Services. Vyve in or its service providers and agents may process and use this aggregate data for various purposes including, but not limited to, analysis of this data for trends and statistics, development of the Sites and Services and the Sites’ and Services’ features and offerings, assessing patterns of use, or planning and evaluating marketing initiatives. This information is gathered by certain tools and methods such as the collection of your IP address or the use of cookies and is maintained, used and disclosed in aggregate form unless otherwise noted.

INFORMATION WE COLLECT FROM OTHER SOURCES

vyve may obtain information about you from other sources and combine that with information we collect directly from you.  For example, we may collect information, such as your name and email address, from fitness studios and providers of online booking tools when you sign up for and participate in classes offered as part of a vyve promotion or loyalty program. We use this information to better understand your interests and for analytics purposes.

COOKIES

Like many websites, vyve utilizes “cookies” to maintain a record of your visit to the Sites and your use of the Services. A cookie is a small text file that is transferred by a web server and stored on the hard drive of your computer or mobile device. It can only be read by the server that sent it to you. This information does not identify you personally and you remain anonymous unless you have otherwise provided vyve with personal information.

Cookies help vyve to improve the Sites and Services, and to deliver more personalized service by enabling vyve to estimate audience size and usage patterns; to store information about your preferences; to speed up your searches and to recognize you when you return to the Sites or use the Services.

Most web browsers automatically accept cookies. If you would prefer to prevent your computer from accepting vyve cookies, you may follow your Internet browser’s steps for doing so. Please note, however, that if you do disable cookies from your browser, you may not be able to access certain sections of the Sites or the Services.


IP ADDRESSES

An IP address is a computer's numeric address, by which it can be located within a network. vyve may record your IP address when you visit or use services or features on the Sites. vyve may use your IP address for the purposes noted above, and also to help diagnose problems with vyve server, or to administer the Sites. vyve may also use your IP address to identify you when vyve feels it is necessary to enforce compliance with this Privacy Policy or the Terms of Use, or to protect the Sites, Services, systems, information, employees, service providers, business partners, users, customers and others.

THIRD PARTY ANALYTICS AND TRACKING

vyve uses automated devices and applications provided by third parties, such as Google Analytics (including Google Analytics’ Demographics and Interest Report) Adobe Analytics, Adobe Target and Bazaarvoice, to evaluate usage of our Sites and Services. We also may use other analytic means to evaluate our Services. vyve participates in the Adobe Marketing Cloud Device Co-op to better understand how you use our website and apps across the various devices you use, and to deliver tailored promotions. Learn about the ADOBE MARKETING CLOUD DEVICE CO-OP and MANAGE YOUR PRIVACY. We use these tools to help us improve our Services, performance, and user experiences. These entities may use cookies and other tracking technologies which collect information to perform their services. We do not share personal information that we collect directly with these third parties. However, these third parties may collect personal information directly through the use of cookies and other tracking technologies. For an explanation of the information collected by these third parties and their respectiveprivacy policies, please go to the BAZAARVOICE PRIVACY POLICY and the GOOGLE ANALYTICS PRIVACY POLICY. Those wishing to opt out of Google Analytics data collection should use the GOOGLE ANALYTICS OPT-OUT BROWSER ADD-ON. Those wishing to opt out Adobe Analytics and Adobe Target should use ADOBE'S OPT-OUT TOOL. Those wishing to opt out of Hot Jar should use the HOT JAR OPT-OUT TOOL. Those wishing to opt out of Crazy Egg should SET THEIR BROWSER TO 'DO NOT TRACK'.

Please note that these third parties use cookies — text files that are stored on your computer and that enable an analysis of your use of the Sites. You can prevent the collection of data concerning your use of the Sites (including your IP address), which are generated by the cookie, and the processing of that data by Google by downloading and installing the browser plug-in that is available under the following link: DOWNLOAD AND INSTALL THE BROWSER PLUG-IN. To delete, disable and opt-out of cookies used by Bazaarvoice, please go to the opt-out section of the BAZAARVOICE PRIVACY POLICY.

vyve collects transactional information and browse behavior on our website. vyve may use such information to offer you recommendations for products and services that are relevant to your interests. vyve uses the services of trusted third parties to offer you meaningful recommendations during the online experience. vyve shares IP address, unique ID number, and shop and browse behavior with the third party service provider on an aggregate basis but does not share personal information for these purposes.

vyve also works with trusted third parties that use tracking technologies to serve advertisements on our behalf across the Internet. These companies may use cookies and tracking pixels to collect non-personally identifiable information such as items viewed, items added to your shopping cart and items purchased during your visits to our website in order to help show advertisements on other websites likely to be of interest to you. If you would like more information about this practice or to opt-out of this use of your anonymous information, please visit HTTP://WWW.NETWORKADVERTISING.ORG.

PROTECTION OF YOUR INFORMATION

To prevent unauthorized access or disclosure, maintain data accuracy and facilitate the appropriate use of information, vyve uses physical, technological and administrative procedures to protect the personal information that vyve collects from loss, unauthorized access, modification, disclosure or other misuse.

Nevertheless, Internet or wireless transmissions are never completely private or secure. You understand that any messages or information you send to the Sites or through the Services may be read or intercepted by others. If you have any questions about the security of personal information collected by vyve, please contact: PRIVACYOFFICER@VYVE.COM.

You should also be aware that certain aspects of the Sites and Services are not confidential and are available for public viewing. For example, other users of the Sites and Services will be able to view your profile and goals that are publically available. Any submissions that you may post to any publicly available blogs or other publicly available features of the Sites and Services are not confidential and may be viewed by other users of the Sites and Services. By making personal information publicly available where the Sites and Services allow you to do so, you consent to such publication by vyve or its service providers and agents. Please refer to the Terms of Use for additional provisions relating to user submissions that may apply to you.

USE OF YOUR PERSONAL INFORMATION

Upon vyve collection of your personal information, vyve may use such personal information internally, separately or in combination with pre-existing information, for the following purposes:

  • To develop, enhance, market, sell or otherwise provide information, products or services;
  • To establish and conduct commercial relationships, including to process purchases or other transactions and to conduct or administer other transactions that you may engage in with vyve including at the Stores, on or through the Sites or through the GEC or through the Services;
  • To conduct or administer contests, sweepstakes or other promotions in which you have participated;
  • To contact you and to respond to any communications that you may have had with us;
  • To troubleshoot problems with the Sites and Services;
  • To customize your experience or homepage on the Sites;
  • To develop and manage vyve's business and operations;
  • To enforce vyve Terms of Use or comply with this Privacy Policy;
  • To detect and protect vyve and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity, and to audit compliance with vyve policies and contractual obligations;
  • To engage in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving vyve;
  • As permitted by, and to comply with, any legal or regulatory requirements or provisions;
  • To access, preserve, disclose and use your personal information contained in your account, all Submissions (as defined in the Terms of Use), all communications to and from you, all information relating to your use of the Sites, if vyve is required to do so by law or legal process or if vyve determines, in its sole discretion, that such action is necessary to protect the rights of vyve, third parties, and other users of the Sites or for purposes of responding to your request for customer service; or
  • For any other purpose to which you consent.

Personal information collected by vyve may be transferred to, stored and processed in the United States, Canada, Hong Kong or Australia. While in another jurisdiction for processing, the information may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction.

DISCLOSURE OF YOUR INFORMATION

vyve may disclose your personal information to its subsidiaries or affiliates and to third parties whom vyve hires to provide services on vyve behalf, including, but not limited to, support services, website services, delivering promotional materials, contests, sweepstakes and other promotions, and answering customer questions about vyve products and services. These subsidiaries, affiliates and third parties may be located overseas. vyve will only provide those third parties with the personal information that they need to deliver the services to vyve and/or on vyve behalf. Vyve will not disclose your personal information to third parties for their direct marketing purposes without obtaining prior affirmative consent. In the event that vyve is involved in a business transaction, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving vyve, you consent to your personal information and any other information vyve may have collected being transferred to another party in connection with such transaction. You also consent to vyve disclosing your personal information to legal, financial, insurance, or other advisors in connection with such business transaction or management of all or part of vyve business or operations; as consented to by you from time to time, including to fulfill any other purposes that are identified when the personal information is collected; or as otherwise permitted or required by law.

RETENTION OF YOUR PERSONAL INFORMATION

The personal information that you provide will be retained by vyve in accordance with applicable laws. However, vyve will take reasonable steps to destroy or permanently de-identify personal information it holds if it is no longer needed for vyve business purposes.

CHILDREN'S PRIVACY

vyve recognizes the privacy interests of children and vyve encourages parents and guardians to take an active role in their children's online activities and interests. The Sites are not intended for children under the age of 18. vyve does not target its services or the Sites to children under 18.

CHOICE AND OPT-OUT PREFERENCES

vyve does not collect your personal information except in accordance with this Privacy Policy. If, at any time, you prefer not to receive further email communications from vyve (except in connection with information, products or services that you specifically request), you will have the ability to unsubscribe from such communications by means of a link provided in every broadcast e-mail that is sent to you by vyve. If, at any time, you prefer not to receive any other form of communication from vyve, you will have the ability to unsubscribe from such communications by CONTACTING US BY EMAIL.

ACCESS AND CORRECTION

vyve will take reasonable steps to ensure the personal information it holds is accurate, complete and up to date. Upon your written request, subject to certain exceptions provided by law, vyve will inform you of the existence, use and disclosure of your personal information and give you access to that information, or request its deletion. Additionally, if you have any questions or enquiries relating to our privacy practices or procedures, or if you believe that the personal information that vyve holds about you is not accurate, complete or up to date you may write to the Privacy Officer at the address provided below. If you are able to establish that the information is not accurate, complete or up to date, vyve will take reasonable steps to correct the information so that it is accurate, complete and up to date.

OUR INTERNATIONAL OPERATIONS AND DATA TRANSFERS

We operate internationally and may transfer information collected within the European Economic Area, United Kingdom, and Switzerland to the United States for the purposes described in this policy. vyve complies with the EU-US and Swiss-US Privacy Shield principles regarding the collection, use, sharing, and retention of personal information from the EEA and Switzerland, as described in our EU-US Privacy Shield certification and Swiss-US Privacy Shield certification. Learn more about Privacy Shield HERE.

We are subject to the oversight of the US Federal Trade Commission and remain responsible for personal information that we transfer to others who process it on our behalf as described in the Disclosure of Your Information section. If you have a complaint about our Privacy Shield compliance, please email us at: CONTACTO@VYVEACTIVE.COM. You can also refer a complaint to our chosen independent dispute resolution body JAMS, and in certain circumstances, invoke the Privacy Shield binding arbitration process.

REQUEST FOR ACCESS AND CORRECTION, QUESTIONS OR COMMENTS

vyve welcomes questions and comments about this Privacy Policy. Requests for access and correction of your personal information, and questions or comments should be directed to the vyve Privacy Officer at:

Vyve Active Wear
Attention: Privacy Officer 
Circuito Central 240 B
Parque Industrial Lagunero
Gómez Palacio, Durango,Mexico
C.P. 35077