By accessing this Site, you hereby agree to all of the terms and conditions of this Policy and consent to the collection, use and disclosure of your personal information as described in this Policy. You are responsible to ensure that your access to this Site and material available on or through it is legal in each jurisdiction in or through which you access or view the Site or such material.
The terms “we”, “us”, and “our” used in the Policy refer, collectively, to Vivier and its affiliates, divisions, successors and assigns and their respective employees, mandataries and agents (collectively, “Vivier Affiliates”).
What information is collected on the Site?
How is my personal information used?
To whom may my personal information be disclosed?
How do I exercise my choices about receiving promotional communications?
How can I access or change my personal information or withdraw my consent, or make inquiries or complaints in relation to this Policy and Vivier’s privacy practices?
How long is my personal information retained?
How secure is my personal information?
WHAT INFORMATION IS COLLECTED ON THE SITE
Every time you visit the Site, the following information may be obtained and compiled: your internet protocol (IP) address and the domain name registry information associated with that IP address; identification of your internet browser, operating system and hardware platform you are using; the date and time of your visit; the name and address (URL) of the web page you viewed immediately prior to accessing the Site; your entire query (if any) that was entered into a search engine which led you to the Site; and any other “click stream” data. This information is stored in our log files. Occasionally, if your browser is not configured to prevent disclosure of such information, the following information may also be revealed: your name, e-mail address, home and work addresses, telephone and fax numbers and any plain text commentary. Additionally, the complete record of your actions at the Site, including all pages visited, time spent at each page, the information sent or received and the names of all files uploaded or downloaded is collected. This tracking information may be compiled by us in the aggregate and made available to third parties primarily to identify demographic data regarding our customers.
We will also collect personal information from you when you provide your personal information to us, such as by setting up a user account and password (including in order to become a member of the Site or any Vivier Affiliates’ websites), logging in as a registered user of the Site, providing information in your account(s), communicating with us by telephone, e-mail, or otherwise or if you complete an entry form to participate in a contest, promotion or survey. As a result of these actions, you might supply us with personal information, such as your name, date of birth, e-mail and postal addresses, telephone number(s), credit card information, product interest information and financial information and in certain circumstances, your opinions and individual preferences. We may also maintain a record of your product interests and acquire information about you from other present and future Vivier Affiliates.
In light of the importance of protecting children’s privacy, we do not intend this Site for child audiences, and we do not collect, process or use on our Site any information relating to an individual whom we know to be under 13 years old without the prior, verifiable consent of his or her parent or other legal representative. If a parent or guardian discovers that his or her child has provided us with personally identifiable information, such parent or guardian has the right, upon request, to view the information provided by the child and/or to require that it be deleted from our records. In such a case we ask that the parent or guardian of the child contact us at 866-964-7093 for such purpose.
HOW IS MY PERSONAL INFORMATION USED?
In order to better serve you, we may combine information you give us online, by telephone or in writing about your product interests. We may also combine these with readily available demographic information in order to enable us to communicate with you, by e-mail or otherwise, about our products, services, surveys, promotions, special offers, and contests. We also collect this information in order to:
- Process your order and answer questions about the status of your order;
- Send you or your friends, relatives, and associates, products that you have ordered;
- Maintain contact with you and provide you with ongoing personalized service and help us to better understand and respond to your needs;
- Develop, improve and market our products and services and manage our business;
- In certain cases, work, in conjunction with your healthcare provider, to track your product purchases and help ensure that your relevant health care needs are being monitored and met;
- Compile information related to loyalty and earned rewards points you may be entitled to in respect of your on-line product purchases; and
- Help us to meet applicable legal and regulatory requirements
We also use this information to measure interest in the various areas of our Site, to ensure that links on the Site facilitate easy navigation and to help make the Site more interesting and informative. Except as described below, any personal information that we disclose to third parties is done in the aggregate on a non-personally identifiable basis and is used primarily to identify demographic data regarding our customers.
TO WHOM MAY MY PERSONAL INFORMATION BE DISCLOSED?
We will not disclose your personal information to any non-affiliated third party without your prior consent, other than as provided below:
- We may disclose your personal information to any Vivier Affiliates, so that such Vivier Affiliates may communicate with you (whether by e-mail, telephone, post or otherwise) and provide you with promotional materials and additional information about their products, services, promotions and special offers that may be of interest to you, or collect and use that information subject to and for other purposes contemplated by this Policy.
- We may disclose certain of your personal information relating to your product purchases, including your name, the type of product purchased, and the quantity and value of product purchased, to your healthcare provider, in order to assist us in promoting our products and services to you, to keep track of your product purchases and your healthcare provider’s product referrals, and to help ensure that your relevant healthcare needs are properly being monitored and met.
- In the event of a sale of all or substantially all of our business or another similar transaction, we may transfer or disclose your personal information to a purchaser or prospective purchaser, who may collect, use and disclose such information for the purposes of evaluating and/or effecting a proposed transaction or operating and managing the affairs of the acquired business, or for other purposes identified in this Policy.
- We may transfer personal information to non-affiliated third parties for processing on our behalf pursuant to agreements that prohibit such third parties from using or disclosing the personal information other than for the purpose of processing and which impose security safeguards appropriate to the sensitivity of the information. These third parties are only provided with the personal information necessary to perform their specific service. You acknowledge that, in the event that a third party processor is located in the United States, your personal information may be processed and stored in the United States and that United States federal or state governments, courts or law enforcement or regulatory agencies may be able to obtain disclosure of your personal information under the federal or state laws of the United States.
- We reserve the right to disclose your personal information as required by law, in response to legal or regulatory process and law enforcement requests to government authorities that have asserted a lawful right to access such information, to our legal counsel, or as necessary to protect the property, interests and rights of Vivier and any Vivier Affiliates.
HOW DO I EXERCISE MY CHOICES ABOUT RECEIVING PROMOTIONAL COMMUNICATIONS?
If you prefer not to receive promotional information from us or other Vivier Affiliates, you may opt-out of receiving such promotional information by sending us an e-mail at firstname.lastname@example.org. Please be sure to include your full name and the e-mail address you used when you registered with or made a purchase from us. It may take up to ten (10) business days to process your request, during which period you may continue to receive communications from Vivier and Vivier Affiliates.
Cookies are small data files that a website stores on your computer’s hard drive or in random access memory when you are viewing the website. They keep a record of your preferences making your subsequent visits to the website more efficient. In certain cases, this information is only kept during the session and is deleted when you close your browser. In other cases, the information is stored on your hard drive and, upon your next visit to the website, the cookies are used to recall such information. Cookies may store a variety of information, including, a unique user ID that can be used to track the pages of the website you have visited and the number of times that you view a particular page or other item on the website, login or registration information, your preferences and your purchase history.
HOW CAN I ACCESS OR CHANGE MY PERSONAL INFORMATION OR WITHDRAW MY CONSENT, OR MAKE INQUIRIES OR COMPLAINTS IN RELATION TO THIS POLICY AND VIVIER’S PRIVACY PRACTICES? You are entitled to request access to, and, if necessary, correction of your personal information collected by us. In order to make such a request or if you have any questions about or to make any complaint in relation to this Policy and Vivier’s privacy practices, please contact our privacy officer by writing to:
Attention: Legal Department
30 Lawrence Paquette Industrial Drive
Champlain, NY 12919
VIVIER will remove any of your personal information from our database WITHIN A REASONABLE PERIOD OF TIME pursuant to a written request from you. Please e-mail such request to us, identifying your full name and password and please type “Unsubscribe” in the subject line of your e-mail or click “Unsubscribe” at the bottom of any emails you receive..
HOW LONG IS MY PERSONAL INFORMATION RETAINED?
We will keep your personal information only as long as is reasonably necessary for the purposes described in this Policy or such longer period as may be required by applicable law.
HOW SECURE IS MY PERSONAL INFORMATION?
We take great care in trying to maintain the security of personal information we have collected. We have adopted physical and technological processes and procedures to protect the confidentiality of personal information and to safeguard personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, in light of, among other things, the sensitivity of the information and the purposes for which it is to be used. Furthermore, each and every Vivier employee, mandatary or agent must abide by this Policy. Although we do not take responsibility for any theft, misuse, unauthorized disclosure, loss, alteration or destruction of data, we take reasonable precautions to prevent such occurrences.
Vivier is very proud to offer its customers a fully secure shopping environment meaning that all credit card information and other confidential information provided by the customer is encrypted using SSL technology.
WHILE WE STRIVE TO PROTECT YOUR PERSONAL INFORMATION, WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US, AND YOU DO SO AT YOUR OWN RISK.
If we decide to change our Policy, we will post these changes on our Site so that you can be updated as to what information we gather, how that information may be used and whether (and how) it may be disclosed to any third parties. Following the posting of such changes, your continued use of the Site will constitute your acceptance of these changes and you will be bound by such changes. You are responsible for regularly reviewing this Policy and any changes thereto.
PRIVACY RIGHTS OF CALIFORNIA RESIDENTS
California Civil Code Section 1798.83 permits California customers to ask us for certain information regarding Vivier’s disclosures in the prior calendar year, if any, of personally identifiable information to third parties or our affiliates for their own direct marketing purposes. If you are a California resident and would like to make such a request, please contact us at either 1-877-484-8437 or the following address:
Attention: Customer Service
30 Lawrence Paquette Industrial Drive
Champlain, NY 12919
Please include your name and the address to which you would like us to respond, and allow us 30 days to respond to your request.
THIS SITE MAY CONTAIN LINKS TO OTHER WEBSITES THAT ARE NOT OPERATED BY VIVIER. THIS POLICY DOES NOT APPLY TO THE PRACTICES OF THIRD PARTIES AND VIVIER DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD PARTY PRACTICES OR FOR THE PRIVACY PRACTICES OF THE WEBSITES THAT IT DOES NOT OPERATE. BY USING THIS SITE AND/OR ACCESSING A THIRD PARTY’S WEBSITE FROM THIS SITE, YOU RELEASE VIVIER AND ANY VIVIER AFFILIATES OF ANY RESPONSIBILITY FOR THE ACTIONS, PRACTICES AND OMISSIONS OF THIRD PARTIES. BY CLICKING ON ANY HYPERLINKS TO OTHER WEBSITES YOU MAY AUTOMATICALLY SUBMIT TO THE PRIVACY PRACTICES OF THOSE WEBSITES. PLEASE CHECK THE PRIVACY POLICIES OF THESE THIRD PARTY WEBSITES. IN NO EVENT SHALL VIVIER OR ANY VIVIER AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR INJURY WHATSOEVER (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE MISUSE OF PERSONAL INFORMATION BY THOSE WEBSITES.
Your use of this Site is subject to our website Terms and Conditions of Use and Sale.
These terms and any supporting or ancillary documents are drafted solely in English. A French version of these Terms are available here.
Revision Date: April 2015