Privacy Policy
When you provide us with information through vivirinstitute.com or one of our Partner Platforms (as defined below), we respect your privacy. For purposes of this Privacy Policy, our Partner Platforms and vivirinstitute.com are collectively referred to herein as the “Site”. It is important for you to understand what information we collect about you during your visit and what we do with that information. Your visit to the Site is subject to this Privacy Policy and our Terms and Conditions. Please note that this Privacy Policy governs only information provided to Hercules Emotional Fitness Institute, LLC ("Vivir " "We" "Us" or "Our").
NOTICE: THIS PRIVACY POLICY CONTAINS A MANDATORY ARBITRATION AGREEMENT. YOU AGREE THAT ANY CLAIMS YOU MAY HAVE AGAINST US RELATING TO THE SITE OR THE SERVICES, THIS PRIVACY POLICY OR ANY TERMS AND CONDITIONS CONTAINED HEREIN MUST BE ARBITRATED, AND YOU EXPRESSLY WAIVE THE RIGHT TO (1) ASSERT CLAIMS AGAINST US IN COURT; (2) PARTICIPATE IN A REPRESENTATIVE OR CLASS ACTION; AND (3) HAVE A JURY HEAR YOUR CASE. YOU EXPRESSLY CONSENT TO HAVE ALL OF YOUR CLAIMS ARBITRATED ON AN INDIVIDUAL BASIS ONLY. YOU ALSO AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY OUR TERMS AND CONDITIONS.
Collection of Personally Identifiable Information
We do not collect personally identifiable information about you, except when you provide it to us either directly or through our provider and partner platforms that enable provision of our services to you (“Partner Platforms”). For example, if you place an order or subscribe through our Site, become a client with us or purchase a coaching or other sessions or services, you may be asked to provide certain information such as your contact information (name, e-mail address, telephone number, billing addresses, credit card number and expiration date, and/or account information for us to remit payments to you). In addition, during communications with us or in providing our services to you, we may learn, have access to or be told other personal information and aspects regarding your personal or professional life. If you subscribe to any of our group sessions, then others in the group may learn anything that you choose to disclose about yourself during those sessions or in other communications with group members. To protect your personal information, users purchasing or subscribing via the Site must also enter an e-mail address and password. You are responsible for maintaining the confidentiality of your credentials on our Site, and we strongly recommend that you do not disclose any username or password to anyone. We will never ask you for your password in any unsolicited communication. Please notify us immediately of any unauthorized use of your account credentials or any other suspected breach of security. If you would prefer that we not collect any personally identifiable information from you, please do not provide us with any such information either directly or through one of the Partner Platforms. Since our services necessarily entail dealing with your personal information, if you do not want us to have any of your personal information, please do not use our services either.
When you submit your personally identifiable information on or through the Site, you are giving your consent to the collection, use and disclosure of your personal information as set forth in this Privacy Policy.
To use certain aspects of our services or make a purchase, we may require credit or debit card account information or bank account information. By submitting such information through our Site, you expressly consent to the sharing of your information with third party merchants, billing processors, and payment processors. These third parties may store your credit or debit card account information so you can use our services in the future. We do not have your complete credit or debit card account information, store your credit or debit card account information, or have direct control over or responsibility for your credit or debit card account information. While we require that such third party merchants, billing processors, and payment processors use reasonable procedures to help protect your credit or debit card information, we cannot guarantee that transmissions of your credit or debit card account information or personal information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by us or our third-party service providers. We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control.
Use of Personally Identifiable Information by Vivir.
We use information that we collect about you or that you provide to us, including any personal information:
To present our Site and its contents to you.
To provide you with information, products, or services that you request from us.
To fulfill any other purpose for which you provide it.
To provide you with notices about your account/subscription, including expiration and renewal notices.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Site or any products or services we offer or provide though it.
To allow you to participate in interactive features on our Site.
To protect the security or integrity of the Site and our business.
To share your Personal Information with third parties for our marketing, commercial and advertising purposes, subject to any opt-out rights you may have.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
We may also use your information to contact you about our own and select partners’ goods and services that may be of interest to you.
We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Opt-In/Opt-out Email
Opt-In: If you opt-in when you submit personally identifiable information, the information you provide may be used by us to create and deliver you emails such as our newsletters, surveys or other email messages containing product and event information, career or personal tips or promotions ("Opt-In Emails"). If you prefer not to receive such Opt-In Emails, please do not opt-in to receive these emails.
Opt-Out: You may opt-out of receiving future Opt-In Emails from Vivir when you unsubscribe by clicking the unsubscribe link in any of our promotional emails.
Email communications to Serve You
If you have elected to provide us with your contact information, e.g., by subscribing or placing an order, we may provide you with service related announcements concerning the Site or contact you regarding your customer service requests for your order.
No Disclosure of Personally Identifiable Information for Third Party Marketing Without Your Consent
We will never provide your personally identifiable information to third parties for their use in marketing their products or services to you without your consent.
Disclosure of Personally Identifiable Information
We may disclose personal information that we collect or you provide as described in this Privacy Policy:
To data partners for the purposes set forth in this Privacy Policy.
To our subsidiaries and affiliates.
To contractors, service providers, Partner Platforms and other third parties we use to support our business.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Site’s users is among the assets transferred.
To auditors and professional advisers like bankers, lawyers, accountants and insurers.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.
When you contribute to a publicly available area or feature of the Site, the information and content that you post may be made available to the general public, depending on your settings (which is why we recommend that you do not submit or post any sensitive personal information, such as your full name, home address, phone number or other information that would enable others to contact or locate you).
We may also disclose your personal information:
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our Terms and Conditions and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect our rights, property, and or the safety or those of our users, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Special Events. If you elect to participate in any promotions, sweepstakes, surveys, questionnaires or other events during your visit to our Site, the rules or terms and conditions for those events may indicate that your personally identifiable information will be shared with third parties. By choosing to participate and submitting your personally identifiable information with respect to such events, you consent to disclosure of your personally identifiable information to such third parties.
Use of Aggregate Information
We may use the information you provide in aggregate (non-personally identifiable) form for internal business purposes, such as generating statistics and developing marketing plans.
Information We Automatically Collect
IP Addresses. When you connect to the Internet, your computer has a unique identification code called a “MAC ADDRESS”. You also have an "IP address." Depending on the way you access the Internet, you may also have a different IP address each time you connect, or your IP address may be the same each time, or it may not be a unique IP address – you may share the IP address with others using your router. We log the IP addresses of users who visit this Site. We use your IP address for system administration purposes, such as to help diagnose problems with our server. In addition, we may use your IP address to help identify you and to gather broad demographic information about you and the rest of the users who visit this Site.
Use of Cookies, Pixels and Tracking Technologies
"Cookies" are a feature of web browser software that allows web servers to recognize the computer used to access a Site. They are small pieces of data that are stored by a user's web browser on the user's hard drive. Information gathered through cookies and web server logs may include information such as the date and time of visits, the pages viewed, time spent at this Site, and the websites visited just before and just after this Site. Cookies can remember what information a user accesses on one web page to simplify subsequent interactions with this Site by the same user or to use the information to streamline the user's transactions on related web pages. This makes it easier for a user to move from web page to web page and to complete commercial transactions over the Internet. Cookies should make your online experience easier and more personalized.
We use Site browser software tools such as cookies and web server logs to gather information about this Site's users' browsing activities in order to constantly improve this Site and better serve our users of this Site. This information helps us to design and arrange our web pages in the most user-friendly manner and to continually improve this Site to better meet the needs of our users and prospective users. We do not use these technologies to capture your individual e-mail address or any personally identifying information about you although they do permit us to send focused online banner advertisements or other such responses to you.
If you have turned off all cookies, you may not be able to access any or all of the areas on this Site.
Pages of our Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Sites. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Some content or applications, including advertisements, on the Sites are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Sites. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
Children under 13
If you are under 13 years of age, you may browse our Site. You may not provide personal information to us. For example, you cannot subscribe or make a purchase. This Site is not designed or intended for children and we do not knowingly collect personally identifiable information from any children under 13.
Links
The Site may contain links to or from other websites. Please be aware that we are not responsible for the privacy practices of other websites. This Privacy Policy applies only to the information we collect on our Site.
Security
We implement various security measures in accordance with industry standards to protect the security of your personal information both online and offline.
Notification of Changes
We may revise this Privacy Policy. If we decide to change our Privacy Policy and we will post the revised policy here.
Updating Your Information
You have the ability to change and/or correct the personally identifiable information you provide us. If you are a registered user, you can review, change or correct your personal information at any time by logging into your account. You may request that we deactivate your account by emailing us.
California Privacy Rights
California Civil Code Section 1798.83 permits those customers that are California residents to request certain information regarding our disclosure of your personal information to other parties for their direct marketing purposes. To make such a request, please send an email to info@vivirinstitute.com or write to us at: Vivir Emotional Fitness Institute P.O. Box 674, Ogdensburg, NY 13669.
Merger, Sale or Change in Control
In the event that we are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
GOVERNING LAW/DISPUTE RESOLUTION/ARBITRATION
All matters relating to the Site and this Privacy Policy and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
By using the Site, you agree that any dispute in any manner arising out of or relating in any way to this Privacy Policy, shall be submitted to binding arbitration with Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to JAMS’ arbitration rules, held before a single neutral arbitrator in the New York, New York area. The parties to arbitration may use legal counsel at their own expense, and the prevailing party shall be entitled to its reasonable attorney’s fees. All costs of arbitration (including arbitrator fees) shall be paid by Vivir Emotional Fitness Institute except only if the arbitrator determines the claims are frivolous, or that if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court. Claims brought on behalf of or allegedly representing or including other persons or entities, including but not limited to any class, consolidated, representative, collective or private attorney general action, are referred to herein as a “Class Action.” Notwithstanding anything else in the Privacy Policy or the JAMS rules but subject to the exception for injunctive or equitable relief and public injunctive relief below, any parties subject to this arbitration provision shall be barred from bringing or participating in any Class Action related to a dispute covered by this arbitration provision. You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Site or this Privacy Policy: YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE. However, if these Class Action restrictions are ever deemed illegal or unenforceable, they shall be severed from this arbitration provision. In that event, any Class Action shall by exempt from this arbitration provision and brought in court. This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction. Judgment on any arbitration award may be entered in any court having valid jurisdiction thereof. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of with appropriate jurisdiction, including equitable relief, public injunctive relief, or other provisional relief as appropriate and as allowed under this agreement or by law, in which case the parties submit to the sole and exclusive jurisdiction and venue of the state and federal courts of New York.
Canadian Privacy Notice
Effective Date: 5/16/2024
This Privacy Notice for Canadian residents only ("Canadian Notice") supplements the General Privacy Policy above as well as any other agreement you may have with us. Any terms we use in this Canadian Notice that aren’t defined will have the meaning we provide in the General Privacy Policy or other agreements.
International Data Transfers. We are based in the United States and any information collected through the Website is stored and processed in the United States. If you are located in Canada, you understand that in using the Site your personal information will be transferred to and processed in the United States and other countries where our third-party service providers and partners operate. These countries may have data protection laws that are different to the laws of your country and, in some cases, may not be as protective.
Profiling Activities. Vivir Emotional Fitness Institute uses standard tracking technologies like cookies to distinguish you from other users and to collect certain information about how you use and interact with the Site (as described in our General Privacy Policy). This helps us to provide you with a positive user experience and allows us to provide and improve our services. In addition, our general privacy policy makes clear what personal information we will collect, how we plan to use or disclose that information, and for what purposes. We undertake such activities only with your express or implied consent to do so. If you object to any of the foregoing, or if you do not wish to receive marketing communications (such as emails) from us or our third party partners, then you may contact us to let us know your objection at any time.
Your Rights and Choices. You may be able to exercise certain rights with respect to your personal information that we collect and control:
Access. You may ask us in writing whether we have collected personal information about you and to obtain access to that personal information.
Correction. If you believe the personal information we have about you is inaccurate or incomplete, you can ask us to correct it.
Deletion. We will delete personal information when we no longer have a lawful basis to retain it. You can ask us to delete personal information that you believe we no longer are required to retain.
You may submit a request to exercise your rights by emailing info@vivirinstitute.com or visiting www.vivirinstitute.com. .
We may need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account, if you have one. In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law.
Changes to this Canadian Notice. We may modify or update this Canadian Notice from time to time so you should review this Canadian Notice periodically.
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