Privacy Notice

Table of Contents
Privacy Notice
Information You Provide
Vitopia Care
Information Collected Automatically
Data Analytics & Advertising
Information We Obtain from Other Sources
How We May Use Your Personal Information
How We May Share Your Personal Information
Your Choices
California Residents
Email/Text Communications
Analytics & Internet-Based Advertising
Data Security
Data Retention
Sweepstakes, Contests, Promotions
Information You Disclose Publicly or to Others
Third-Party Services
Children's Privacy
Notice to International Visitors
Changes to this Privacy Notice
Contact VC

 

Privacy Notice for California Residents
Collection, Use, and Disclosure of PI
CCPA-defined Business Purposes
CCPA Privacy Rights
The Right to Know
The Right to Deletion
The Right to Opt Out of Sale of PI
The Right to Non-Discrimination
Other California Privacy Rights
Changes to Our Privacy Notice
Contact Information



Privacy Notice

Last Modified July 20, 2023

Welcome to the Vitopia Care, Inc. Online Privacy Notice (“Privacy Notice”). This Privacy Notice describes how Vitopia Care, Inc. and its affiliates (hereafter “VC”, “we”, “our”, or “us”) may collect, use, and share information about you when you interact with our websites (including but not limited to: www.vitopiahealth.com, www.vitopiacare.com, e-stores, other online products and services, or otherwise through any interaction you have with us (collectively the “VC Sites”) that provide a link to this Privacy Notice. California residents have certain privacy rights detailed in our Privacy Notice for California Residents. To the extent there is a conflict between this Privacy Notice and the Privacy Notice for California Residents, the Privacy Notice for California Residents will supersede this Privacy Notice for California Residents.

This Privacy Notice applies to your use of any VC Site, regardless of how you access or use it. For certain VC Sites, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they may apply to you.

Please note that this Privacy Notice does not apply to other sites or applications where this Privacy Notice is not linked. Any personal information collected through your access to external websites or other online services (“Other Sites”) is governed by Other Sites’ privacy policies, which we do not control and therefore are not responsible or liable for.

Please review our Terms of Use, which govern your use of the VC Sites, and include, among other things, grants of rights from you, limits on our liability and your remedies, mandatory arbitration, and waiver of jury trial and class actions. By visiting or otherwise using the VC Sites, you agree to our Terms of Use and consent to VC’s personal information collection, use, and disclosure practices, and other activities, as described in this Privacy Notice, and any additional privacy statements that may be posted on an applicable part of the VC Sites. If you do not agree and consent, please discontinue use of the VC Sites. Capitalized terms that are used herein but are not otherwise defined shall have the meaning given to them in the Terms of Use.

Information You Provide

We collect the personal information that you provide directly to us when you use the VC Sites. For example, VC collects information when you register for an account, subscribe to our newsletter, or otherwise communicate, interact, or transact through the VC Sites. This information may include personal information, which is information that can be used to identify you individually. As permitted by applicable law, we will treat information that does not personally identify you as non-personal information, and we may de-identify, anonymize, or otherwise convert your personal information to non-personal information. We reserve the right to use, process, share and otherwise make use of your non-personal information without limitation, subject to applicable law.

Personal information we collect may include, but is not limited to, your:

  • First and last name
  • Email address
  • Mailing Address
  • Phone Number
  • Your photo (if you choose to upload one)
  • Products you use (e.g. supplements, services, or memberships
  • Payment and transaction information

In addition, if you are a VC health practitioner, we may also collect your:

  • Licensing credentials
  • Company or practice name

Vitopia Care

VC health practitioners can communicate with clients, users, or members (collectively “Vitopia Care Members”) through secure messaging and video conferencing in the Vitopia Care platform. VC may capture audio and video recordings in connection with these communications. For instance, we may allow you to interact with your Vitopia Care User using video, secure messaging, and/or texts. Health practitioners remain responsible for compliance with laws applicable to their collection and handling of personal health information.

Information Collected Automatically

In addition to information you submit through the VC Sites, we may collect certain information using automated tools, such as cookies. “Cookies” are small data files stored by your web browser on your device. Cookies may allow a website to recognize a user’s device, record user preferences, track the pages a user clicks on while visiting the website, and identify the website visited immediately beforehand. Most web browsers accept cookies by default, but you may be able to adjust your browser settings to remove or reject cookies. Please note that blocking cookies may affect the availability and functionality of the VC Sites and other websites. Also, disabling cookies may invalidate opt outs that use cookies to recognize devices that have opted out. These technologies help us to recognize you, customize or personalize your experience, and to analyze the use of VC Sites and make them more useful to you.

The types of information we collect automatically when you visit the VC Sites may include IP addresses, device identifiers, browser characteristics, operating system details, language preferences, referring URLs, length of visits, anonymous traffic data, and pages viewed.

We or third parties may collect personal information about your online activities over time and across different websites when you use the VC Sites.

Data Analytics and Advertising

We may use certain third-party web analytics services, such Google Analytics, to help us understand and analyze how visitors use the VC Sites and serve ads on our behalf across the Internet. We’ve implemented Google Analytics Advertising features such as remarketing with analytics, interest-based advertising, demographics, and interests reporting, user segment analysis, and impression reporting. We and third-party vendors may use first-party cookies or other first-party identifiers as well as third-party cookies or other third-party identifiers to deliver advertisements, create a profile of you, measure your interests, detect your demographics, detect your location, and to personalize content.

For more information on how Google Analytics uses data collected through the VC Sites, visit: https://www.google.com/policies/privacy/partners. To opt out of Google Analytics cookies, visit: https://www.google.com/settings/ads and https://tools.google.com/dlpage/gaoptout.

Information We Obtain from Other Sources

We also may obtain information about you from third parties, healthcare practitioners, and combine that information with information you provide to us directly or that we collect automatically through the VC Sites.

How We May Use Your Personal Information

VC may use personal information we collect through the VC Sites for any purposes consistent with our statements under this Privacy Notice, or otherwise made by us in writing at the point of collection, and not prohibited by applicable law, including, without limitation, to:

  • Process your registration and manage your account.
  • Transact with you, provide information you request, respond to your questions and requests, send you our newsletter, and send you notices.
  • Improve VC Sites and for any other internal business purposes.
  • Facilitate affiliate relationships and commission or rewards program participation between health practitioners and VC.
  • Tailor our content, advertisements, and offers.
  • Fulfill other purposes disclosed at the time you provide personal information or otherwise where we are legally permitted or are required to do so.
  • Determine your location and manage digital content rights (e.g., territory restrictions).
  • Conduct statistical analyses, surveys, and market research to enhance existing or develop new products and services.
  • Comply with applicable laws, regulations, or legal process, as well as industry standards and our company policies.
  • Prevent, investigate, identify, stop, or take any other action with regard to suspected or actual fraudulent or illegal activity, or any activity that violates our policies.
  • For any other purpose, with your consent.
  • To Enforce our Terms of Use.

Certain VC Sites allow you to share your name, email address, and order history with your health practitioner. We provide this feature to facilitate your health practitioner’s provision of healthcare consultation or related products or services to you, and because we believe that our nutritional supplements are most beneficial when used under the supervision of a healthcare professional. On VC Sites where this feature is available, you may direct us to share this information by, for example: (i) selecting your health practitioner or entering his or her practitioner code when prompted during account registration, and/or (ii) shopping on their online dispensary within the VC Site. Health practitioners remain responsible for compliance with laws applicable to their collection and handling of personal health information and other data. For information about your health practitioner’s privacy practices, please contact them directly.

How We May Share Your Personal Information

We may share your personal information:

  • With our affiliates, subsidiaries, and any company owned or controlled by VC.
  • With our service providers assisting us in carrying out the VC Sites (e.g., data hosting providers, online ad management providers, application developers), and with healthcare practitioners or other resellers of our products. These service providers use personal information that we disclose to them only for the purpose for which it was disclosed. It is understood that such service providers shall respect strict contractual conditions that obligate them maintain the confidentiality of all information. Whenever we hire other organizations to provide support services, they will be required to conform to our privacy standards and applicable law.
  • With your health practitioner as described above.
  • In the event of a business transaction, such as if we sell or transfer all or a portion of our business or assets (e.g., further to a merger, reorganization, liquidation, or any other business transaction, including negotiations of such transactions), we reserve the right to disclose any information we obtain through the VC Sites. You acknowledge that such transfers may occur and are permitted by and subject to this Privacy Notice.

Additionally, VC may disclose personal information when required by subpoena, search warrant, or other legal processes, or in response to activities that are unlawful or a violation of VC’s rules for use of the VC Sites, or to protect and defend our rights or property.

Your personal information may be stored, processed or otherwise used by us, our affiliates or our service providers, both inside and outside of your jurisdiction of residence. As a result, that other country's courts, governments or law enforcement agencies could obtain disclosure of your information in accordance with that country's laws.

Your Choices

We will strive to keep all personal information in our files complete, up-to-date, and accurate. VC may provide mechanisms allowing you to delete, correct, or update your personal information (e.g., profile and account information). VC will make good faith efforts to process requested changes in VC’s then-active databases as soon as practicable, but it is not always possible to completely change, remove or delete all of your personal information from VC’s databases and residual and/or cached data may remain archived thereafter. Moreover, we may utilize methods other than erasure of your personal information, such as anonymization and aggregation, as permitted by applicable law. Further, we reserve the right to retain personal information as required by applicable law, and for so long as reasonably necessary to fulfill the purposes for which the personal information is retained except to the extent prohibited by applicable law.

California Residents

You may have additional choices. Please see our Privacy Notice for California Residents for more information.

Email / Text Communications

VC may send you promotional communications from time to time, and where applicable we may seek your express consent to send you commercial electronic messages. We seek such consent on our own behalf and on behalf of our affiliates, and you can contact us via email at customercare@vitopiacare.com or via mail at Attn: General Counsel, 3267 Bee Caves Road #107-345; Austin, TX 78746.

You can opt out of receiving certain promotional communications from VC at any time by following the instructions provided in emails to click on the unsubscribe link, or if available by changing your communication preferences by logging into your account. Even if you opt out of receiving promotional communications, VC may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or VC’s ongoing business relations. Please note that your opt-out is limited to the e-mail address used and will not affect subsequent or different subscriptions.

You may opt out of a text message program at any time by following the instructions you receive (e.g., texting the word STOP). Please note that your opt-out is limited to the phone number used and will not affect subsequent subscriptions. If you opt out of only certain communications, other communications may continue.

Certain cookies and other tracking technologies (“Tracking Technologies”) may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with certain Tracking Technologies.

Please be aware that if you disable or remove these technologies, some parts of the VC Sites may not work and that when you revisit the VC Sites your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.

Your web browser may have settings that allow you to transmit a “Do Not Track” signal when you visit various websites or use online services. Like many websites, the VC Sites are not designed to respond to “Do Not Track” signals received from website browsers. To learn more about “Do Not Track” signals, visit https://www.allaboutdnt.com.

Many advertisers and service providers that perform advertising-related services for us and third parties participate in voluntary programs that provide tools to opt-out of such interest-based advertising such as the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising.  To learn more about how you can exercise certain choices regarding Interest-based Advertising for DAA members, visit here, for information on the DAA’s opt-out program for mobile apps. Some of these companies also are members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see here.

Please be aware that, even if you can opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected, participating members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (from other ad networks, for example). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (mobile app, for example), your browser-based opt-out may not, or may no longer, be effective.

We support the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising you can read here and expect ad networks we directly engage that serve you Interest-based Advertising to do so as well, although we cannot guarantee their compliance. We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.

In addition, we may serve ads on Third-party Services that are targeted to reach people on those services that are also identified on one of more of our databases (“Matched List Ads”). This is done by using Tracking Technologies, or by matching common factors between our databases and the databases of the Third-Party Services. We are not responsible for these Third-Party Services, including without limitation their security of the data. We are not responsible for such third parties’ failure to comply with your or our opt-out instructions as they may not give us notice of opt-outs to our ads that you give to them, and they may change their options without notice to us or you.

Data Security

We take reasonable measures to protect your personal information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet and online digital storage are not completely secure and we cannot guarantee the security of your information collected through the VC Sites. It is your responsibility to make sure that your passwords and account registration information are secure and not shared with third parties.

We take all reasonable steps to protect the security and confidentiality of your personal information. We protect the personal information within our custody or control with appropriate organizational, technological, and physical safeguards.

We store personal information in electronic and physical files that are secure, and our security measures include secure on and off-site storage, restricted access to records and data processing equipment, password protocols, and encryption and security software. We conduct audits and monitor compliance with our privacy practices.

Data Retention

We will keep your personal information for as long as your account is active so that you can access the VC Sites and access and amend your personal information as necessary. We may continue to retain your personal information after you deactivate your account, as reasonably necessary to comply with our legal obligations, to resolve disputes regarding user preferences, enforce our agreements, or protect our legitimate interests.

If you use certain features on the VC Sites, we may be obligated to keep your personal information for a longer period, and we will keep what is legally necessary. When we are no longer required to preserve your personal information, we will ensure that it is securely deleted and/or anonymized.

Sweepstakes, Contests, Promotions

VC may offer sweepstakes, contests, and other promotions (each, a “Promotion”), including Promotions jointly sponsored or offered by third parties, which may require submitting personal information. If you voluntarily choose to enter a Promotion, your personal information may be disclosed to VC, co-sponsors, and other third parties, including for administrative purposes and as required by law. By entering, you are agreeing to the official Rules that govern that Promotion, which may include consent to additional or differing privacy practices from those contained in this Privacy Notice. Please review those Rules carefully.

Information You Disclose Publicly or to Others

The VC Sites may permit you to post or submit User Content on User Forums. Notwithstanding anything to the contrary, unless otherwise explicitly agreed by us or required by applicable law, personal information disclosed in User Content is not subject to VC’s usage or sharing limitations, or other obligations under this Privacy Notice or otherwise, and may be used and shared by VC and third parties to the fullest extent not prohibited by applicable law. VC encourages you to exercise caution when making decisions about what you disclose in public areas.

Third-Party Services

For your convenience, the VC Sites may from time to time include links to websites or services that are owned and/or operated by third parties. This Privacy Notice does not apply to those websites or services, which may have their own privacy policies or notices that you should review to understand how they may use or disclose your personal information. VC is not responsible for the content or privacy practices of any linked websites or services that are operated by third parties.

Certain functionalities may permit interactions that you initiate between the VC Sites and certain third-party services. Examples include: “liking” or “sharing” VC’s content and to otherwise connect VC Sites to a third-party service (e.g., to pull or push information to or from the service). VC may engage and work with third parties to serve advertisements for third-party services. Some of these ads may be tailored to your interests based on your browsing of the VC Sites and elsewhere on the Internet, which may include use of location and/or cross-device data, sometimes referred to as “interest-based advertising” and “online behavioral advertising”, which may include sending you an ad for a third party service after you have left the VC Sites (i.e., “retargeting”). For information on exercising your choices with respect to these third-party services that perform analytics and interest-based advertising activities, please see the Your Choices section above.

Children's Privacy

The VC Sites are not intended for, nor targeted to, children under 13, and we do not knowingly request or collect personal information from any person under 13 years of age through the VC Sites. If we learn that we have received information directly from a child who is under the age of 13, we will delete the information in accordance with applicable law.

Notice to International Visitors

Most of our computer systems, networks, and devices are currently based in the United States. Accordingly, personal information we obtain through the VC Sites may be processed in the U.S. and elsewhere where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By accessing the VC Sites, you consent to the collection and/or processing of your personal information in the United States.

Changes to this Privacy Notice

This Privacy Notice is subject to change at our discretion. We will indicate changes by updating the “Last Modified” date. Your use of the VC Sites after any update to this Privacy Notice will constitute your acceptance of the changes.

Contact VC

You may contact us or our compliance manager with questions regarding this Privacy Notice by emailing customercare@vitopiacare.com. You may also send written correspondence to:
Vitopia Care Compliance
3267 Bee Caves Road #107-345
Austin, TX 78746.

Privacy Notice for California Residents
Collection, Use, and Disclosure of PI

This Privacy Notice for California Residents supplements the information contained in the Privacy Notice (“Notice”) that are applicable to Vitopia Care, Inc., its subsidiaries, and its other affiliates Including, but not limited to,: www.vitopiahealth.com, www.vitopiacare.com (collectively the “VC Sites”), e-stores, or other online products and services, provided by Vitopia Care, Inc. or its affiliates (collectively, "VC", "we", "our", or "us") that post a link to this Privacy Notice. This Notice applies solely to California residents that are “Consumers” ("consumers" or "you") as defined in the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA have the same meaning when used in this Notice. In the event of a conflict between this Notice and any other VC policy, statement, or notice, this Notice will prevail as to California Consumers and their rights under the CCPA.

This Notice covers our collection, use, and disclosure, during the twelve months preceding the Effective Date, of California Consumers’ “Personal Information” (“PI”) as defined by the CCPA, except that the Notice does not apply to information exempt from the notice obligations of the CCPA, or information collected about our employees, contractors, and job applicants, or information that is exempt from the scope of the CCPA, including:

  1. information collected from individuals acting as representatives of another business in connection with business communications or transactions with us;
  2. medical information governed by the Confidentiality of Medical Information Act; or
  3. protected health information we collect in our capacity as a business associate under the Health Insurance Portability and Accountability Act of 1996 (also known as “HIPAA”).

Collection, Use, and Diclosure of PI

Generally, we collect, retain, use, and share your PI to provide you with our products and services (collectively, “Services”) and as otherwise related to the operation of our business. In addition, we may collect, use and disclose your PI as required or permitted by applicable law, or as directed by you, in accordance with this Notice. The table below describes each category of PI we collect and includes examples of types of PI that may fall into a specific category. We collect the below categories of PI from you, your device or browser, and our corporate affiliates. We also collect the below categories of PI from vendors that assist us in providing Services and running our internal business operations, healthcare practitioners, or other resellers of our products (collectively, “Business Partners”). We collect, use and share the PI we collect for the CCPA-defined business purposes in the bulleted list below and also for the purposes described in our Privacy Notice (our operational purposes) (collectively, our “Business Purposes”).

CCPA-defined Business Purposes
  • Providing Services, including maintaining and servicing your account with us, verifying your information, processing payments, advertising, marketing, or analytic services, and similar functions and services.
  • Detecting security incidents, protecting against malicious, deceptive, or illegal activity, and prosecuting those responsible for that activity.
  • Debugging to identify and repair errors that impair existing intended functionality.
  • Undertaking internal research for technological improvement and demonstration.
  • Quality and safety assurance, and improving, upgrading, and enhancing the Services.
  • Short-term, transient use in which personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction.
  • Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.

The categories of third parties with whom we share your PI for Business Purposes are set forth in the table below.


Category Examples Categories of Recipients of Business Purpose Disclosures

A. Identifiers

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

Business Partners

B.Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

A name, signature, physical characteristics or description, address, telephone number, bank account number, credit card number, debit card number, and similar financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

Business Partners

C. Protected classification characteristics under California or federal law

Age (40 years or older), marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), genetic information (including familial genetic information). If you subscribe to or Vitopia Care, we may collect any other demographic information that you choose to upload.

Business Partners

D. Commercial information

Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Business Partners

E. Biometric information

Genetic, physiological, behavioral, and biological characteristics, activity patterns, and sleep, health, or exercise data.

Business Partners

F. Internet or other similar network activity

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

Business Partners

G. Geolocation data

Physical location or movements.

Business Partners

H. Sensory data

Audio, electronic, and visual information.

Business Partners

I. Inferences drawn from other personal information

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Business Partners

CCPA Privacy Rights

California Consumers have the right to exercise certain privacy rights under the CCPA. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI.

Unless you have provided us with your email address (such as by signing up for an account on the Service), we will be unable to verify your identity to fulfill a request to know or delete. As a result, to exercise your rights to know and delete, we must be able to verify your identity as the owner of the email address and/or VC account that is associated with your request. We may not be able to fulfill your request until we can do so. In general, we verify identity by confirming that you are the owner of the email address. We reserve the right to ask you to provide additional information to help verify your identity.

Some personal information we maintain about Consumers is not sufficiently associated with a Consumer for us to be able to verify that it is a particular Consumer’s personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain why in our response.

We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.

The Right to Know

You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date:

  • The categories of PI we have collected about you.
  • The categories of sources from which we collected your PI.
  • The business or commercial purposes for our collecting or selling your PI.
  • The categories of third parties to whom we have shared your PI.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained

Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.

The Right to Deletion

Except to the extent we have a basis for retention under CCPA, you may contact us using the form or email address posted below to request that we delete your PI that we have collected directly from you and are maintaining. Our retention rights include, without limitation, to complete transactions and services you have requested or that are reasonably anticipated, for security purposes, for legitimate internal business purposes, including maintaining business records, to comply with law, to exercise or defend legal claims, and to cooperate with law enforcement. Note also that we are not required to delete any PI that we did not collect directly from you.

You may alternatively exercise more limited control of your PI by instead by canceling or modifying our email marketing communications you receive from us. You can do so by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of emails the opt-out will also be limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

The Right to Opt Out of Sale of PI

We do not knowingly “sell” PI that we collect from you, in accordance with the definition of “sell” in the CCPA, and therefore will not treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether third party cookies and tracking devices associated with our websites and mobile apps may constitute a “sale” of your PI as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. We also provide access to privacy information related to browsers and cookies and, if available, opt-out programs here. Further, you can learn more about your choices regarding certain kinds of online interest-based advertising here. We do not represent that these third-party tools, programs, or statements are complete or accurate.

Some browsers have signals that may be characterized as do not track signals, but we do not understand them to indicate a do not sell expression by you, so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals, and we may recognize certain such signals if we conclude such a program is appropriate.

We may disclose your PI for the following purposes, which do not constitute a sale: (i) if you direct us to share PI; (ii) to comply with your requests under the CCPA; (iii) disclosures amongst the entities that constitute VC as defined above, or as part of a merger or asset sale; and (iv) as otherwise required or permitted by applicable law.

You can submit a Do Not Sell Request [here].

The Right to Non-Discrimination

We will not discriminate against you in any manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your PI as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in separate program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms, so check them regularly.

Other California Privacy Rights

“California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Site(s) that are California residents to request certain information regarding our disclosure of personal information, if any, to third parties for their direct marketing purposes. To make such a request, please send an email to customercare@vitopiacare.com and indicate “Shine the Light” in the subject line or body of your email request. You can also make a request using this [form] or by mail to the address below:

Vitopia Care, Inc.
3267 Bee Caves Road #107-345
Austin, TX 78746 USA

As these rights and your CCPA rights are not the same and exist under different laws, you must exercise your rights under each law separately.

Changes to Our Privacy Notice

We reserve the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will post the updated notice on the Site(s) and update the Notice's effective date. Your continued use of VC Site(s) following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this Notice, the ways in which we collect and use your information described here and in the Privacy Notice, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Website: www.vitopiacare.com
Email: customercare@vitopiacare.com
Postal Address:
Vitopia Care, Inc.
3267 Bee Caves Road #107-345
Austin, TX 78746 USA

[Opt Out and Do Not Sell Request Form]

In order to complete your request, you will be required to respond to any follow-up inquires we may make, and we may deny your request if you do not do so.

You may use an authorized agent to submit a consumer rights request. If you use an authorized agent to submit a request, we may require proof that the agent has been authorized by you to do so, and take other steps permissible under the CCPA, to ensure it is a proper request by an authorized agent.