JIVA LLC AND JIVA BOTANICALS PRIVACY POLICY AND COOKIE NOTICE (UNITED STATES)

Thank you for visiting the JIva Botanicals website, owned and operated by JIVA LLC. We have created this policy to provide you with information about how we collect, use, share and protect information from our sites, mobile applications and social media pages (collectively called the “Sites”), when you shop in our stores and the purchases you make, or when you otherwise interact with us. This notice applies to consumers and visitors of our Sites from all countries.

Your use of the Sites and your other interactions with us constitute your acceptance of this Privacy and Cookie Notice and consent to the practices described.

 

1. INFORMATION COLLECTED
2. USE AND SHARING OF INFORMATION
3. YOUR PRIVACY RIGHTS, CHOICE AND ACCESS
4. ADVERTISING/TARGETED ADVERTISING: HOW TO OPT–OUT
5. TEXT/SMS MESSAGE CONSENT AND OPT-OUT
6. YOUR CALIFORNIA RIGHTS
7.  CHILDREN
8. SECURITY OF YOUR INFORMATION
9. OTHER SITES
10. CONSENT TO PROCESSING OF INFORMATION
11. CHANGES AND POLICY UPDATES
12. CONTACT US

 

1. INFORMATION COLLECTED

This section describes the information we collect, including information that you provide to us, information automatically collected and information from third parties. We may combine information that we collect via one method (e.g., a website, our digital advertising) with information that we have collected via another method (e.g., an offline event). We do this to get a more complete view of our consumers, which, in turn, allows us to serve you better and with more customization.

Information You Provide

If you register at a Site, make purchases through a Site or one of our stores, join a loyalty program, enter a contest or promotion, submit a consumer survey, photo, video or product review, sign up to receive emails or other offers or communications, we collect and store the information provided. This information includes Personal Information (information that can be used to identify you as an individual) such as your name, social media handle, email, telephone number, home address, and payment information (such as account or credit card number). You may also be asked for demographic information (such as age, product preferences, beauty needs, zip code) or location information. Personal financial information, such as credit/debit card numbers or any other sensitive financial account data entered while making a purchase through our Sites are collected by third-party payment processors for the purpose of processing your payment and are not recorded or stored by Jiva LLC.

You may also be able to register and log in using a social media account, including your Facebook account. When you use a social media account to log into the Sites, you may also be able to use certain social features on the Sites. For Facebook log in, Facebook will ask your permission to share certain information from your Facebook account with the Site. This may include your first name, last name, gender, profile picture, list of friends, a link to your Facebook profile, likes and other data that is part of your or your friends’ Facebook profile(s). This information is collected by Facebook and is provided to us under the terms of Facebook’s privacy policy. You can control the information that we receive from Facebook using the privacy settings in your Facebook account.

Automatically Collected Information

Mobile Services/Apps: Certain of our mobile apps may offer opt–in, geo–location services and push notifications. Geo-location services provide location–based content and services, such as store locators, local weather, promotional offers and other personalized content. Push notifications can include discounts, reminders or details about local events or promotions. Most mobile devices allow you to turn off location services or push notifications. If you consent to location services, we will collect information about the Wi–fi routers closest to you and the cell IDs of the towers closest to you to provide location–based content and services.

Site Usage Information: Jiva LLC and its third–party service providers may also use a variety of technologies that passively or automatically collect information about how the Sites are accessed and used (“Usage Information”), including but not limited to your browser type, device type, operating system, application version, the pages served to you, the time you browse, preceding page views, and your use of features or applications on the Sites.

Device Identifiers: Jiva LLC also automatically collects an IP address or other unique identifier information (“Device Identifier”) for the computer, mobile device, technology or other device (collectively, “Device”) you use to access the Sites or on third party websites that publish our advertising. A Device Identifier is a number that is automatically assigned to your Device when you access a web site or its servers, and our computers identify your Device by its Device Identifier. For mobile devices, a Device Identifier is a unique string of numbers and letters stored on your mobile device that identifies it. We may use a Device Identifier to, among other things, administer the Sites, help diagnose problems with our servers, analyze trends, track users’ web page movements, help identify you and your shopping cart, deliver advertising and gather broad demographic information.

Cookies: Like many websites, we use “Cookies,” which are data files placed on a web browser when it is used to visit the Sites to facilitate site navigation and to personalize your experience, including tailoring advertisements. Cookies may also be used to associate you with social networking sites like Facebook and Twitter and, if you so choose, enable interaction between your activities on the Sites and your activities on such social networking sites.

If you would prefer not to accept cookies, you can change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; or set your browser to automatically not accept any cookies. However, please be aware that some features and services on our Sites may not work properly because we may not be able to recognize and associate you with your account. In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests. To learn more about cookies, please visit http://allaboutcookies.org.

Pixels or Web Beacons: We use pixel tags or web beacons, which are transparent graphic images placed on a web page or in an email and indicate that a page or email has been viewed or tell your browser to get content from another server.

Information From Third Parties: We may receive information from third party partners, such as marketing and demographic data, offline records and information from an advertiser about your experiences or interactions with them. We may combine such third party data with other information we receive from or about you.

2. USE AND SHARING OF INFORMATION BY JIVA LLC

Jiva LLC and its brands use information collected for a variety of business purposes such as:

• Providing you with tailored content, services, advertisements and offers from our brands;
• Responding to your questions and providing news and updates from our brands, about our products, services, loyalty programs and stores;
• Providing you with access to features of the Jiva LLC’s Sites;
• Verifying your identity;
• Fulfilling product purchases;
• Communicating about your account(s) and activities on the Sites;
• Sending notice of changes to a Jiva LLC policy;
• Improving the effectiveness of our Sites, stores, customer service, and product offerings;
• To conduct research and analytics related to our operations;
• Allowing you to log in with a social media account and share activities on your social media pages, such as Facebook;
• Processing applications and transactions;
• Providing shipping and other rewards from your selected third party providers
• Posting your content and consumer reviews on the Sites, our social media pages and related third party sites that retail or feature our brands and products;
• Contacting you about content shared by you about our brands and products.

We share the information we collect within the Jiva LLC family of brands, which includes Jiva LLC and its affiliates. We will not disclose your Personal Information to third parties outside of the Jiva LLC family of brands for their own independent marketing or business purposes without your consent unless for the following limited purposes:

Third Parties Providing Services On Our Behalf: We share your Personal Information with third parties that perform functions on our behalf (or on behalf of our partners) such as service providers that host or operate our Sites, provide analytics and site usage information, process transactions and payments, fulfill orders or provide customer service, loyalty program administration, redemption; advertisers; sponsors or other third parties that participate in or administer our promotions, contests, sweepstakes, surveys or provide marketing or promotional assistance. We may share information with our subsidiaries, sponsors, partners, advertisers or other third parties to provide you with product information and promotional and other offers, to help maintain and operate the Sites or for other reasons related to the operation of our business, including but not limited to the fulfillment of purchases, promotional offers, and administering contests. We may also share non-identifying information, such as aggregate statistics or usage information, with third parties.

Your Agreement To Have Your Personal Information Shared: While on Jiva LLC Sites, you may have the opportunity to opt–in to receive information and/or marketing offers from someone else, or to otherwise consent to the sharing of your information with a third party, including social networking sites such as Facebook or Twitter. If you agree to have your Personal Information shared with a third party, your Personal Information will be disclosed to the third party and will be subject to the privacy policy and business practices of that third party.

If you connect your Facebook account to a Jiva LLC USA brand account, we will make available and/or share your Facebook username and your Facebook profile picture to other users of that brand. Users may be able to view your profile and shopping activity on the brand Sites and your activities may be automatically shared to both your friends on Facebook and with your Facebook friends on the Sites. We will disclose your Personal Information when you have elected to share your activity to Facebook. Information shared to Facebook will be connected with the Facebook account you log in with. Facebook’s use of such information and any information it collects from your use of or on its service is governed by Facebook’s privacy policy and our use of information is governed by this Privacy and Cookie Notice. You understand and agree that you need to consult both privacy notices to amend or delete Personal Information which has been provided to Facebook. If you do not wish for such use of data to take place, you should not agree to share your activity to Facebook and/or adjust your settings to deactivate such sharing. You understand information no longer shared on Facebook may continue to be publicly available to other uses of this Site.

Business Transfers: We may share information with other entities and affiliates of the Jiva LLC Group, our parent company. As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or our assets, or assets related to the Sites, Personal Information, Usage Information, and any other information that we have collected may be disclosed to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third-parties.

Legal Disclosure: Jiva LLC may transfer and disclose information, including your Personal Information, Usage Information and Device Identifier, (including IP address), to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our Terms of Use or other applicable policies; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to our Sites or the public.

3. YOUR PRIVACY RIGHTS, CHOICE AND ACCESS

You may change your preferences and unsubscribe from email services from our brands by: (i) modifying your registered user information on the Sites; (ii) sending us an e–mail; or (iii) following the unsubscribe instructions in the communication that you receive.

You may at any time opt out from push notifications and allowing Jiva LLC to access location data by adjusting the permissions in your mobile device. You can stop all further collection of information by our mobile applications by uninstalling the mobile application. Please note that if you uninstall the mobile application from your mobile device, the unique identifier associated with your mobile device will continue to be stored. If you re-install the application on the same mobile device, we will be able to re-associate this identifier to your previous transactions and activities.

In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Sites. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.

We will retain your Personal Information for as long as your account is active or as needed to provide you services and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. If you wish to cancel your account or request that we no longer use your Personal Information to provide you services, contact us via email or through the contact us page on our website. We do not control certain privacy settings and preferences maintained by our social media partners like Facebook and Twitter. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.

4. ADVERTISING/TARGETED ADVERTISING; HOW TO OPT–OUT

Jiva LLC licenses technology to serve advertisements on its own Sites and within its content as that content is served across the Internet. In addition, Jiva LLC may use third parties to serve advertisements on the Sites and around the web, measure the performance of the Sites and the viewing of our content, and provide analytics services. These ad network providers, advertisers, sponsors, and/or analytics service providers may set and access their own cookies, pixel tags and similar technologies on your Device and they may otherwise collect or have access to information about you, including Usage Information. We and our network advertisers may target advertisements for products and services in which you might be interested based on your visits to both the sites and other web sites or based on location data , from your device. We may use a variety of companies to serve advertisements.

If you prefer to not receive targeted advertising, you can opt out of certain network advertising programs through the Network Advertising Initiative (NAI) Opt-Out Page. Options are Device-specific, so if you use multiple Devices, you may need to opt out on each one. You can also opt out of certain targeted advertising programs by clicking on the AdChoices icon that may appear on some of our advertising. We may use more than one third party company for placing this advertising, which would require you to opt out of each company’s program. Please note that even if you opt out you will still see advertisements while you’re browsing online. However the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt–Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.

5. TEXT/SMS MESSAGE CONSENT AND OPT-OUT

If you choose, you can provide your mobile phone number to receive text message alerts containing product and/or event information, products tips or promotions that may be sent using automated dialing systems (“Text Messages”). You agree that by providing your mobile phone number you expressly consent to receive automated marketing text messages from us to the mobile phone number provided. Consent is not required to purchase goods or services. Message and data rates will apply and you should check the rates of your mobile carrier. You can opt out from further text marketing communications by texting STOP to the SMS number used by Jiva LLC to contact you.

We may share your mobile phone number with service providers with whom we contract to assist us with the above activities, but we will not share your mobile phone number with third parties for their own purposes without your consent. You acknowledge that Text Messages are distributed via third party mobile network providers and, therefore, we cannot control certain factors relating to message delivery. You acknowledge that, depending on the recipient’s mobile carrier, it may not be possible to transmit the Text Message to the recipient successfully; nor is content available on all carriers. We do not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures.

6. YOUR CALIFORNIA RIGHTS

Under California law, website and online service operators are required to disclose how they respond to web browser “do not track” signals. Jiva LLC does not currently take actions to respond to Do Not Track signals as a uniform standard for such response has not yet been established.

California law requires website and online service operators to disclose whether third parties may collect personal information about their users’ online activities over time and across different sites when the users use the operator’s website or service. Third parties that have content or services on our Sites such as a social feature, analytics service, or an advertising network partner, may obtain information about your browsing or usage habits but this information does not include personal information. We do not knowingly permit such third parties to collect any Personal Information from our Sites unless you directly provide it to us and we provide it to them with your consent.

If you are a minor under 18 and have a profile on a Jiva LLC Site, you may ask us to remove reviews or other content that you posted on the site by writing to us through the ‘contact us’ page on our website and providing as much detail as possible (i.e. date and caption) as to the post(s) you want removed. We will begin to process your request within 30 days. Please note that processing your request does not ensure complete or comprehensive removal of content that you posted.

7. CHILDREN

The Sites are not directed to children under 13. We do not knowingly collect, use or disclose personally identifiable information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.

If you believe that we might have any information from or about a child under age 13, please contact us through the ‘contact us’ page on our website.

Parental participation. We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe internet use practices.

8. SECURITY OF YOUR INFORMATION

Jiva LLC maintains reasonable safeguards to protect Personal Information against loss, unauthorized use, disclosure or destruction and when transferring information for processing and requires third parties providing services on our behalf to do the same. However, no electronic data transmission or storage of information can be guaranteed to be 100{333419861ba30e1dc2ec13e0bc68cc1cc8c177a4fba1b407cb76f9cb1a355b06} secure. Please note that we cannot ensure or warrant the security of any information you transmit to us.

9. OTHER SITES

The Sites may contain links to third party sites that are not owned or operated by Jiva LLC. This includes links from advertisers, sponsors and/or partners that may use our logo(s) as part of a co–branding or co–marketing agreement. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. These other sites may send their own cookies or other tracking technologies to your Device, they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our Sites (including those linked to through an email or social networking page). The Sites may make available chat rooms, forums, message boards, and news groups. Remember that any information that you disclose in these areas becomes public information and is not subject to the provisions of this Privacy and Cookie Notice.

10. CONSENT TO PROCESSING OF INFORMATION IN THE UNITED STATES AND OTHER JURISDICTIONS

The Sites are governed by and operated in, and in accordance with the laws of, the United States, and are intended for the enjoyment of residents of the United States. Country or region specific websites may be available for Jiva LLC brands and products around the world. Jiva LLCs makes no representation that the Sites are governed by or operated in accordance with the laws of any other nation. Given that we are an international business, our use of your information necessarily involves the transmission of data on an international basis. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Sites, or providing us with any information, you (a) acknowledge that the Sites are subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.

11. CHANGES AND POLICY UPDATES

Please note, we may change information on the Sites and/or this Privacy and Cookie Notice, at any time without prior notice to you, and any changes will be effective immediately upon the posting of the revised Privacy and Cookie Notice on the Sites. Jiva LLCs will use your Personal Information in a manner consistent with the Privacy and Cookie Notice in effect at the time you submitted the information, unless you consent to the new or revised policy. We encourage you to periodically review this page for the latest information on our privacy practices.

12. CONTACT US

If you have any questions or concerns regarding this Privacy and Cookie Notice, please contact us at:

Attn: Jiva LLC

690 S Highway 89, Suite 200

Box 10400

Jackson, WY 83002

Re: jivabotanicals.com Privacy Policy and Cookie Notice

Or send us an e–mail with your request via the contact us page on jivabotanicals.com.

 

UPDATED AS OF: May 15, 2018