Effective August 13 2021
Definition of Personal Data
“Personal Data” means any data that relates to an identifiable person who can be directly/indirectly identified from that data. In this case, it means personal data that you give to us via our Site. Personal Data is comprised of information that may be used to directly or indirectly to identify you, including your name, e-mail address, physical address, phone number or other information about you such as your birth date.
Most of the Personal Data we collect is contact information about you, including e-mail address, telephone numbers, physical address or other information you provide to us. You may provide such information online or through other communications with us. We may combine the Personal Information that we obtain about you from these sources.
Personal Information We Collect
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information, email address, and phone number. We refer to this information as “Order Information”.
How Do We Use Your Personal Data?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
How and When Your Personal Information Is Shared With Other Parties?
We do not sell, distribute, lease, trade or license your Personal Data for marketing purposes. Any personal information we request from you will be safeguarded under current legislation. We do, however, work with a number of trusted partners who perform vital functions as part of our operations, including managing customer support services, facilitating marketing communications by e-mail and post, and other functions. We do not share your Personal Data unless it is necessary to fulfill our responsibilities, including providing information or services to you.
Personal Data is shared with these third parties only to the extent necessary for us to process the transactions you initiate or perform other specific Services. Our partners are legally required to keep your Personal Data private and secure.
We may share your Personal Data with law enforcement or other government agencies as required by law or for the purposes of limiting fraud. We reserve the right to disclose your Personal Data when we believe that disclosure is necessary to protect our rights or to comply with a judicial proceeding, court order or legal process. We further reserve the right to disclose any of your Personal Data that we believe, in good faith, appropriate or necessary to take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Website or our Services, or to protect the rights, property or personal safety of us, our users, customers, or others.
We will not share your Personal Information if such sharing is prohibited by applicable privacy and data protection law, including, without limitation, the EU’s General Data Protection Regulation (“GDPR”) effective May 25, 2018.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
Personal Data that we process for any purpose shall not be kept for longer than is necessary for that purpose or those purposes.
In some cases, it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:
whether the data is still necessary for the purpose it was collected
whether the data is still accurate
whether the data has been anonymized or pseudonymized
whether the data is necessary to protect you or is necessary for a public interest
whether your consent has been withdrawn or you have requested removal
whether legitimate archival purposes for retention of the data is necessary
You may request what personal data of yours we have and/or request removal of your personal data by contacting:
We will confirm that we will remove your personal data, or provide the legal basis for keeping your personal data, how long your personal data will be kept, whether it will be pseudonymized, and will provide any further information such as any necessary archival purposes for keeping your personal data.
Tracking User Behavior
We may analyse your Personal Data to create a profile of your interests and preferences so that we can contact you with information relevant to you. We may make use of additional information about you when it is available from external sources to help us do this effectively.
Notifications from Our Website/Opt-Out Rights
Account and Order Notifications
If you make a purchase from us or use our Services we may send you confirmations of the purchase and updates as to the status of the purchase. Generally, you may not opt out of such emails.
We may send you email notifications from time to time. Some notifications are marketing communications relating to us or our Services. You may always stop receiving marketing communications from us by following the “Unsubscribe” link provided on the bottom of an email or contacting us at firstname.lastname@example.org
Legal/ Security Notifications
We also send out notices that are required for legal or security purposes. For example, certain notifications are sent for your own protection. In other cases, these notifications involve changes to various legal agreements or website policies. Generally, you may not opt out of such emails.
We may also send you responses to emails you send us, if appropriate. From time to time, we will also send user surveys, requests for user feedback regarding user experience and Website operations, or marketing offers from us or from us. Completing these surveys, answering requests for feedback, or accepting any offer is strictly voluntary. If you do not wish to receive these surveys, user feedback emails, and/or marketing offers, please opt out in any offer email you receive from us. If you have any questions regarding your opt-out rights, please contact us email@example.com
What Happens If Our Business Changes Hands?
In the event that any of your data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes.
Children Under 13
This Site is restricted to the use of adults over the age of majority in their place of residence. No portion of the Site is directed to children under the age of 13. Consequently, we do not knowingly collect personal identifying information from any person we know is a child under the age of 13. VIVA PEACH takes reasonable efforts to verify ages. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this Site.
Rights of EEA Residents
From May 25, 2018, all processing of Personal Information of EEA Residents is performed by us in accordance with the General Data Protection Regulation (2016/679) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of Personal Data and on the free movement of such data (“GDPR”).
Under the GDPR, we are both the controller and a co-processor of the Personal Data of EEA Residents. Our purpose for collecting and processing Personal Data from EEA Residents is to authenticate subscription to our mailing lists, to provide marketing information about our Products and Services, to facilitate online ordering and delivery services. The legal basis for collecting Personal Information is to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. We also rely on your consent to use our Services, including purchases and receiving communications regarding us and our Services.
We will not share the Personal Data that we obtain from you with third parties except as described above regarding Personal Information.
If you are a resident of the EEA or it is otherwise permitted by applicable law and you wish to access or correct, amend, or delete the Personal Data that we have about you where it is inaccurate or have any questions relating to the processing of your Personal Data, please contact us at firstname.lastname@example.org with the subject line “GDPR Data.” Please include your full name, the email address associated with your account, and a detailed description of your data request.
For information regarding your opt-out rights to communications from us, please see the above section regarding “Notifications and Communications from Our Website/Opt-Out Rights.”
International Data Transfers
If you are resident outside the United States, including in the EEA, we transfer Personal Data provided by you for processing in the United States and Canada. Under the GDPR, we are considered a “controller” and a “co-processor” of the Personal Data of EEA Residents. By providing Personal Data to us for the purpose of obtaining information about us and our Services, you consent to the processing of such data in the United States and Canada. The transfer of your Personal Data to the United States and Canada is necessary for the performance of a contract between you and us. Please note that you may always remove yourself from our mailing list by contacting us at email@example.com
Please note that Canada does not have data protection laws equivalent to those in the EEA and other jurisdictions.
Links to Other Websites
Our Site may have certain website landing pages embedded and/or contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.
We limit access to the Personal Data we have about you to the personnel who need access for the intended purpose of the data usage. Reasonable steps are taken to avoid unauthorized sharing of your personal information. However, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, while we strive to protect user information we cannot ensure or warrant the security of any information you transmit to us or from the Website. You engage in such transmissions at your risk.
When personal data is deleted, it is done as safely as possible with the goal of the data being irrecoverable.
Your California Privacy Rights
Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California customer, a business may be required to provide detailed information regarding how that business has shared that customer’s Personal Data with third parties for direct marking purposes. However, the foregoing does not apply to businesses like ours that do not disclose Personal Data to third parties for direct marketing purposes without prior approval or give customers a free mechanism to opt out of having their Personal Data disclosed to third parties for their direct marketing purposes. California users may request further information about their rights under this law and our policy by writing to us at firstname.lastname@example.org using the subject line “CA Request for Information,” and requesting further information.
Your Rights and Obligations
We ask that you keep the Personal Data that you provide to us current and that you correct any information you have provided us by contacting us at email@example.com. You represent and warrant that all Personal Data you provide us is true and correct and relates to you and not to any other person.
If you use the Website, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account.
You can designate an authorized agent to make a request under the CCPA on your behalf. If you want to designate an authorized agent, please provide the authorized agent written permission to do so and send a copy of the authorization to firstname.lastname@example.org. We have a right to verify your agent’s identity directly.
Right to Non-Discrimination for the Exercise of Consumer’s Privacy Rights
You have a right not to receive discriminatory treatment by the business for the exercise of the privacy rights conferred by the CCPA.
By subscribing to VIVA PEACH text notifications, you agree to receive automated marketing text messages from us about our products and services at the phone number you provided when you subscribed, and that the messages may be sent via automatic telephone dialing system or other technology. Message frequency is recurring. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to opt-out and HELP for customer support. You may receive an additional text message confirming your decision to opt-out. You understand and agree that attempting to opt-out by any means other than texting the opt-out commands above is not a reasonable means of opting out.
How to Contact Us
Last updated: August 13 2021