Effective: May 11, 2022
Scope of This Policy
Agreement to Terms
Information We Collect
We may collect the following categories of personal information (a) directly from you (such as when you create an account, order a product, fill out feedback forms or surveys, send communications to us, or post content to our Sites or App), (b) from the device and browser that you use to access the Service, (c) from cookies and similar technologies, and (d) from health care professionals as detailed in Section 4, below.
We may collect your name, email address, username and password, shipping address, and phone number. You also have the option to create an account using other credentials such as your Facebook or Apple account. If you choose to create an account using these credentials, information like your name, email address, language preference, and encrypted credentials will be shared with us.
Financial and Transaction Information
We may collect payment details (such as credit or debit card information), billing address, order history, and information concerning the Vitality Institute product(s) you have used.
We use Shopify Inc. (“Shopify”) to power our online store. You can read more about how Shopify uses your personal information here: https://www.shopify.com/legal/privacy/customers.
If you are a medical professional and apply to carry Vitality Institute products, we may collect professional information about you, such as your title or position, specialty, medical licensing information, and professional contact information (e.g., business email address, business phone number and business address).
We allow you to track your treatments, submit photographs, leave product reviews, and chat with us through the Service. As such, we may collect information that you submit to us through these features. This information includes the products you have used, the treatments you have received, photographs, product reviews, and the content of any message you send to us.
We may collect device information when you visit our Sites or use our App. Device information may include your computer and mobile device type, browser type, online identifiers, IP address, and geolocation information.
We may collect information concerning your interaction with our Sites and App, including when you access a Site or our App and your browsing activity (such as which pages you visit, in what order, and for how long). This may include “traffic data” or tracking information provided by the Site’s host or similar providers (e.g., Google Analytics) that may be helpful for marketing purposes or for improving the Service.
In addition to offering products directly to consumers, we also provide products to medical professionals for use within their practice. These entities may provide personal information, including health and medical information, about their patients to us in connection with their use of the Service. These entities are directly responsible to their patients for the use and disclosure of patient health or medical information.
Patient information provided to us by these entities may be considered Protected Health Information as that term is defined in the Health Insurance Portability and Accountability Act of 1996 and Health Information Technology for Economic and Clinical Health Act and in regulations promulgated there under and it may also be subject to regulation under state law. We offer and provide Services in a manner that complies with all applicable laws and regulations we are aware of and/or become known to us and will continue to do so.
We store certain information that gets collected automatically at our end through cookies and other similar technologies. A cookie is a small string of information that a website that you visit transfers to your browser for identification purposes. Cookies can be used to follow your activity while using a website or across websites, and that information helps companies understand your preferences and tendencies, as well as improve and personalize your website experience. Some cookies are necessary to operate a website, while others can be functional, analytical, or used for marketing purposes, including targeted advertising (as discussed in more detail below). Cookies on our Sites are generally divided into the following categories:
- Strictly Necessary Cookies. These are required for the operation of our Sites. They include, for example, cookies that enable you to log into password-protected portions of our Sites and cookies that save items in your online shopping cart.
- Analytical/Performance Cookies. These allow us to recognize and count the number of users on our Sites and understand how such users navigate through the Sites (e.g., when and which pages are visited, in what order the pages are visited, and where a user is located). This helps improve how the Sites work, for example, by ensuring that users can find what they are looking for easily.
We use Google Analytics for part of this process. For more information about Google Analytics, please visit http://www.google.com/policies/privacy/partners/. You can opt-out of Google Analytics’ collection and use of data generated by your use of the Sites by going to https://tools.google.com/dlpage/gaoptout.
- Functional Cookies. These improve the functional performance of the Sites and make it easier for you to use. For example, cookies are used to remember that you previously visited one of our Sites and asked to remain logged into it. These cookies qualify as persistent cookies because they remain on your device for us to use during your next visit to the Site.
- Marketing Cookies. These are used to track visitors across websites. These cookies are used to display ads that we believe will be relevant and engaging to you. We use Facebook Ads and Google AdSense to show you our ads on other websites based on your visits to our Sites and other online activity. To adjust how ads on Facebook are shown to you, visit https://www.facebook.com/help/247395082112892. To learn more about the ads you see through Google and how to manage them, visit https://policies.google.com/technologies/ads.
In addition, Shopify uses certain strictly necessary cookies to enable the online store to function properly as well as analytical/performance cookies. For more information regarding Shopify’s cookies, visit https://www.shopify.com/legal/cookies.
You can prevent the use of certain cookies by modifying your Internet browser settings, typically under the sections “Help,” “Internet Options,” or “Settings.” If you disable or delete certain cookies in your Internet browser settings, you may still access our Sites, however, you might not be able to access or use important functions or features of our Sites (such as the shopping cart feature), and you may, for example, be required to re-enter your log-in details.
At this time, Vitality Institute does not recognize automated browser signals regarding tracking mechanisms, which may include “do-not-track” instructions.
The Service is not intended for users under the age of 16 and Vitality Institute does not knowingly collect personal information from individuals under the age of 16. If you are aware of, or suspect that, someone under the age of 16 is using the Service without permission, please notify us immediately by contacting us as detailed below. If you have questions or concerns about the Internet and privacy for your child, we encourage you to check out the FTC Guidelines for protecting your child’s privacy online.
Our Use of Personal Information
We collect and use your personal information for the following purposes:
- Providing the Service to you and providing products or services requested by, or reasonably anticipated within the context of our relationship with, you, or by a health care professional on your behalf;
- Managing our relationship with you;
- Responding to your inquiries or requests, and requesting feedback;
- Evaluating eligibility for partnership if you apply to carry Vitality Institute products as a medical professional;
- Administering promotions, events, or surveys;
- Providing promotional material or other marketing materials that we believe will be of interest to you;
- Tracking use of your username and password to access our Sites and App, and tracking your shopping cart;
- Personalizing our Sites and App (e.g., displaying your name when you login to one of our Sites);
- Analyzing use of our Sites and App;
- Tailoring advertisements to what we believe will be of interest to you;
- Detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity, or prosecuting those responsible; and
- Complying with legal and regulatory obligations.
Our Disclosure of Personal Information
Vitality Institute may share your personal information with the following third parties:
- Service providers, including hosting providers and IT outsourcing, support providers, payment processors, shipping providers, and marketing providers. In some instances, service providers will be directly responsible to you for their use of your personal information. They may be obliged by law to provide you with additional information regarding the personal information that they hold about you and how and why they process that information. Further information may be provided to you in a separate notice or may be obtained from such service providers directly, for example, via their websites.
- With third parties in connection with a change to the control or financial status of the company, including a corporate restructuring, sale, acquisition, financing, reorganization, bankruptcy, receivership, transfer, or assignment of assets or business merger or divestiture. Personal information and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction.
- Government bodies, dispute resolution organizations, law enforcement agencies, or third parties in connection with (a) responding to a subpoena, search warrant, or other lawful request for information we receive; (b) cooperating in a law enforcement or similar investigation; or (c) otherwise protecting our rights, as applicable.
Your Privacy Choices
If you no longer want to receive our newsletter or other marketing communications, you may unsubscribe at any time by following the unsubscribe options in the communication itself.
Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your account or purchases placed through the Service.
By logging into your account, you may view, update, and/or delete certain information associated with your account (e.g., name, postal address, email address). If you wish to delete your account, you may contact us at the contact details in the How to Contact Us section below. Any product reviews that you submitted prior to account deletion are retained by us and may be made available to other users.
We maintain reasonable technical and organizational measures to protect personal information from loss, misuse, alteration, or unintentional destruction. We have implemented various security measures to protect both the personal information and the general information that we receive from you through the Service. Whenever you give out personal information online there is a risk that third parties may intercept and use that information. Although we seek to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. To the extent permitted under applicable law, we assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized access by third parties, or other causes beyond our control.
You play an important role in keeping your information secure. You should not share your username or password with anyone. If you have reason to believe that your account is no longer secure, please contact us immediately at the information in the How to Contact Us section below.
Links to Other Websites
For your convenience, we may link to third-party sites and services, or otherwise display third-party content through our Sites or App to provide increased value to our visitors. We have no control over these linked websites, each of which has separate privacy and data collection policies and practices independent from us. As such we have no responsibility or liability for these independent policies or actions and are not responsible for the privacy practices or the content of any such websites. Please note that these other sites may send their own cookies to users, collect data, or solicit personal information, and we encourage you to review their policies before engaging with these third-party websites.
How to Contact Us