Effective date: October 01, 2020
Aclivia Inc. ("us", "we", or "our") operates the https://aclivianutrition.com website (hereinafter referred to as the "Service").
This page informs you of our policies regarding collecting, using, and disclosing personal information when you use our service and the choices you have associated with that data.
We use your data to provide and improve the service. By using the service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://aclivianutrition.com
DEFINITIONS
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Personal Data
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
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Usage Data
Usage Data is data collected automatically either generated by the use of the service or from the Service infrastructure itself (for example, the duration of a page visit).
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Cookies
Cookies are small files stored on your device (computer or mobile device).
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Data Controller
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and how any personal information are or are to be processed. For this Privacy Policy, we are a Data Controller of your Personal Data.
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Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers to process your data more effectively.
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Data Subject (or User)
Data Subject is any living individual who is using our service and is the subject of Personal Data.
INFORMATION COLLECTION AND USE
We collect several different types of information for various purposes to provide and improve our service to you.
CALIFORNIA RESIDENTS: YOUR RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA)
If you are a resident of California, you have certain data protection rights. Aclivia Inc. aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us via this website.
In certain circumstances, you have the following data protection rights:
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The right to access, update, or delete the information we have on you. You may request this information, for free, up to twice per year.
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The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
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The right to object. You have the right to object to our processing of your Personal Data.
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The right of restriction. You have the right to request that we restrict the processing of your personal information.
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The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable, and commonly used format.
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The right to withdraw consent. You also have the right to withdraw your consent at any time where ACLIVIA INC. relied on your consent to process your personal information.
The types of data we collect and the reasons we use that data are outlined in this document below.
TYPES OF DATA COLLECTED
PERSONAL DATA
While using our service, we may ask you to provide us with certain, personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally, identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials, and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.
USAGE DATA
We may also collect information on how the service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
TRACKING & COOKIES DATA
We use cookies and similar tracking technologies to track our service’s activity, and we hold certain information.
Cookies are files with a small amount of data, which may include a unique anonymous identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used, such as beacons, tags, and scripts, to collect and track information and improve and analyze our service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some of our service portions.
Examples of Cookies we use:
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Session Cookies. We use Session Cookies to operate our service.
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Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
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Security Cookies. We use Security Cookies for security purposes.
USE OF DATA
ACLIVIA INC. uses the collected data for various purposes:
- To provide and maintain our service
- To notify you about changes to our service
- To allow you to participate in interactive features of our service when you choose to do so
- To provide customer support
- To gather analysis or valuable information so that we can improve our service
- To monitor the usage of our service
- To detect, prevent and address technical issues
- To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
LEGAL BASIS FOR PROCESSING PERSONAL DATA UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)
If you are from the European Economic Area (EEA), ACLIVIA INC. legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context we collect it.
ACLIVIA INC. may process your Personal Data because:
- We need to perform a contract with you
- You have permitted us to do so
- The processing is in our legitimate interests, and your rights do not override it
- For payment processing purposes
RETENTION OF DATA
ACLIVIA INC. will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent required to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
ACLIVIA INC. will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or improve our service’s functionality, or we are legally obligated to retain this data for more extended periods.
TRANSFER OF DATA
Your information, including Personal Data, may be transferred to - and maintained on - computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
ACLIVIA INC. will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy, and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place, including the security of your data and other personal information.
DISCLOSURE OF DATA
BUSINESS TRANSACTION
If ACLIVIA INC. is involved in a merger, acquisition, or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.
DISCLOSURE FOR LAW ENFORCEMENT
Under certain circumstances, ACLIVIA INC. may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
LEGAL REQUIREMENTS
ACLIVIA INC. may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of ACLIVIA INC.
- To prevent or investigate possible wrongdoing in connection with the service
- To protect the personal safety of users of the service or the public
- To protect against legal liability
SECURITY OF DATA
Your data’s security is important to us but remember that no transmission method over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
OUR POLICY ON “DO NOT TRACK” SIGNALS UNDER THE CALIFORNIA ONLINE PROTECTION ACT (CALOPPA)
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites you do not want to track.
You can enable or disable Do Not Track by visiting your web browser’s Preferences or Settings page.
YOUR DATA PROTECTION RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. ACLIVIA INC. aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
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The right to access, update, or delete the information we have on you. Whenever possible, you can access, update, or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
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The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
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The right to object. You have the right to object to our processing of your Personal Data.
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The right of restriction. You have the right to request that we restrict the processing of your personal information.
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The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable, and commonly used format.
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The right to withdraw consent. You also have the right to withdraw your consent at any time where ACLIVIA INC. relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. Please contact your local data protection authority in the European Economic Area (EEA) for more information.
SERVICE PROVIDERS
We may employ third-party companies and individuals to facilitate our service (“Service Providers”), provide the service on our behalf, perform Service-related services, or help us analyze how our service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
ANALYTICS
We may use third-party Service Providers to monitor and analyze the use of our service.
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Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its advertising network.
You can opt-out of having made your activity on the service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page https://policies.google.com/privacy?hl=en
Shopify uses cookies and similar tracking technologies on our website and when providing our services. For more information about Shopify use these technologies, including a list of other companies that place cookies on the sites, a list of cookies on the store, and an explanation of how you can opt-out of certain types of cookies, please visit the Shopify Cookie Policy web page https://www.shopify.com/legal/cookies and Privacy Policy web page https://www.shopify.com/legal/privacy
BEHAVIORAL REMARKETING
ACLIVIA INC. uses remarketing services to advertise on third party websites to you after you visited our service. Our third-party vendors and we use cookies to inform, optimize, and serve ads based on your past visits to our service.
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Google Ads (AdWords)
Google Inc. provides Google Ads (AdWords) remarketing service. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: https://adssettings.google.com/
Google also recommends installing the Google Analytics Opt-out Browser Add-on https://tools.google.com/dlpage/gaoptout for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page https://policies.google.com/privacy?hl=en
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Bing
Microsoft Advertising, also called “Bing Ads,” is provided by Microsoft Corporation. The advertiser uses a small text file known as a cookie to record your transaction’s completion to market our product more effectively.
Browsers, such as Internet Explorer and Mozilla Firefox, let you delete cookies and choose what types of cookies you want to allow on your computer. Please check Help for your browser to learn how to delete cookies or change your computer’s privacy level. Learn more about personalized ads https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
You can learn more about the privacy practices and policies of Microsoft Corporation by visiting their Privacy Policy page https://privacy.microsoft.com/en-us/privacystatement
PAYMENTS
We may provide paid products and/or services within the service. In that case, we use third-party services for payment processing (e.g., payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors, whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
LINKS TO OTHER SITES
Our service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party sites or services.
CHILDREN’S PRIVACY
Our service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verifying parental consent, we take steps to remove that information from our servers.
CHANGES TO THIS PRIVACY POLICY
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our service before the change becoming effective and update the “effective date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
CONTACT US
If you have any questions about this Privacy Policy, please contact us:
CALIFORNIA PROPOSITION 65 NOTICE
PROPOSITION 65
California voters, in 1986, passed the Safe Drinking Water and Toxic Enforcement Act, a.k.a. Proposition 65. This law requires the State of California to publish two lists of chemicals: One of the chemicals that have been linked to a risk of cancer in animals or humans, and another list that shows chemicals that have been linked to a risk of birth defects or other reproductive harm in animals or humans. This applies even if the basis of risk is evident only in animal testing. Chemicals do not need to pose a risk in human testing to fall under the language of Prop 65.
Companies who do business in California are required to notify consumers in California about the presence of any Prop 65-listed chemical if the chemical is contained in any product the company is making available for sale in California. Proposition 65 doesn’t prohibit the sale of the products that contain listed chemicals, but it does require that the products have clear and reasonable warnings when applicable.
The warning itself should read similar to “This product contains chemicals known to the State of California to cause cancer or reproductive toxicity.”
TYPES OF CHEMICALS AND PRODUCTS ON THE PROP 65 LIST
The types of products that typically carry a Prop 65 warning include insecticides, pesticides, household products, and construction materials. There are over 800 chemicals on the list currently.
Proposition 65 applies to all products sold in California, including food. Since 2013, dietary supplements are categorized in California as foods for purposes of Proposition 65.
WHY IS ACLIVIA AFFECTED BY PROPOSITION 65?
While Prop 65 only applies to California, any company that sells consumer goods in California is subject to meeting the proposition’s legal requirements. Since Proposition 65 applies to dietary supplements sold in California, consumers will be notified if a supplement contains a Prop 65-listed chemical, if that chemical is present in an amount above the set threshold, and if the chemical isn’t naturally occurring in an ingredient the supplement.
As noted above, previous litigation against several dietary supplement manufacturers resulted in a California trial court decision in February 2013 to include dietary supplements in the list of products required to adhere to Proposition 65 warning language. This does not mean our supplements aren’t made from natural ingredients; for the purposes of litigation, the language behind what is considered “naturally occurring” can be vague. As a result, we err on the side of abundant caution to be in compliance with the law.
ARE PRODUCTS WITH A PROPOSITION 65 WARNING NOTICE UNSAFE?
A Proposition 65 warning doesn’t mean a product is unsafe. The notice simply attempts to make consumers aware of the presence of a chemical on the Prop 65 list so that they can make more informed decisions about purchasing a product.
Additionally, the amount of a chemical that would trigger a Prop 65 warning is much lower than what would be concerning by other agencies like the FDA, the EAP, WHO, and many European health organizations.
The goal of Proposition 65 was to make California residents more aware of potentially harmful chemicals in the products they buy. But because these warnings are so ubiquitous, experts argue that consumers have become complacent, and the warnings no longer have an impact. Regardless, we comply with the regulations outlined in the language of the law, so that is why you may notice a Proposition 65 warning as applicable when purchasing a product from Aclivia.
HOW CAN I LEARN MORE ABOUT PROPOSITION 65?
For information about the chemicals listed under Proposition 65, go to http://www.oehha.ca.gov/prop65.html or http://ag.ca.gov/prop65