Privacy Policy

This Privacy Statement sets forth the information gathering, use, and dissemination practices of VYVE Wellness, LLC. (“VYVE”) in connection with the World Wide Web site located at www.vyvewellness.com (the “Site”). This Privacy Statement addresses VYVE’s practices regarding information collected only directly through or from the Site-it does not address or govern any information gathering, use, or dissemination practices related to information collected other than directly through or from the Site, including, without limitation, from or via telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media. VYVE can be contacted through the “Contact us” section of the Web site at https://www.vyvewellness.com/.

Collection of Personal Information from Site Visitors

VYVE may collect or track (1) the e-mail addresses of visitors that communicate with VYVE via e-mail, and (2) information knowingly provided by the visitor in online forms, registration forms, surveys, e-mail, and other online avenues (including, without limitation, demographic and personal profile data). VYVE also may collect or track (3) the home server domain names, e-mail addresses, type of client computer, files downloaded, search engine used, operating system, and type of Web browser of visitors to the Site, and (4) aggregate and user-specific information regarding which pages Site visitors access.

VYVE may place Internet “cookies” on visitors’ hard drives. Internet cookies save data about individual visitors, such as the visitor’s name, password, user-name, shopping cart, screen preferences, and the pages of a site viewed by the visitor. When the visitor revisits the Site, VYVE may recognize the visitor by the Internet cookie and customize the visitor’s experience accordingly. Visitors may decline Internet cookies, if any, by using the appropriate feature of their Web client software, if available.

VYVE also may use Web bugs to gather, store, and track certain information related to your visit to and activity on the Site. A Web “bug” is a file object, which can be a graphic image such as a transparent one-pixel-by-one-pixel graphics file, which is placed on a Web page or in an e-mail message to monitor user activity. A Web bug can gather, for example, the IP address of your computer, the time the Web page was viewed, and the type of browser used.

Use of Personal Data Collected

Personal data collected by VYVE may be used by VYVE for many reasons, for example, for editorial and feedback purposes, for marketing and promotional purposes, for a statistical analysis of users’ behavior, for product development, for content improvement, for fulfillment of a requested transaction or record keeping, or to customize the content and layout of the Site. Aggregate visitor data may be used for internal purposes, and individually identifying information, such as names, postal and e-mail addresses, phone numbers, and other personal information which visitors voluntarily provide to VYVE may be added to VYVE’s databases and used for future calls, mailings, and other communications regarding Site updates, new products and services, and upcoming events.

VYVE also may use Site visitor data to contact the Site visitors regarding account status and changes to the subscriber agreement, privacy statement, and any other policies or agreements relevant to Site visitors.

Disclosure of Personal Data to Third Parties

Aggregate visitor data may be provided to marketing firms and other organizations providing marketing and/or marketing support services to VYVE.

Identifiable or non-identifiable data may be disclosed or distributed (1) to another party with which VYVE enters or reasonably may enter into a corporate transaction, such as, for example, a merger, consolidation, acquisition, or asset purchase, or (2) to a third party (a) pursuant to a subpoena, court order, or other form of legal process, (b) in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process, or (c) if determined by VYVE in its sole judgment that such disclosure or distribution is appropriate to protect the life, health, or property of VYVE or any other person or entity. Identifiable and non-identifiable visitor information and data which visitors provide to VYVE also may be provided to third parties that provide products, information, or services which VYVE believes that visitors may be interested in directly or indirectly purchasing or obtaining.

While VYVE may undertake efforts to see that any third party to or with which VYVE shares, rents, sells, or otherwise discloses personal data is under a contractual obligation to use the personal data solely for the purposes for which the data was disclosed, VYVE is not responsible for their conduct, actions, omissions, or information handling or dissemination practices and VYVE will not be liable therefor.

This Site may contain links to other World Wide Web sites. VYVE is not responsible for the privacy practices of such Web sites, advertisers, or third parties, or for the content of such sites or advertisements. It is possible that these links, themselves, may be used by third parties or others to collect personal or other information about Site visitors. It is solely the visitors’ obligation to review and understand the privacy practices and policies of these other Web sites and of these advertisers and third parties.

Security Measures

VYVE has implemented numerous security features designed to prevent the unauthorized release of or access to personal information. Please be advised, however, that the confidentiality of any communication or material transmitted to or from VYVE via this Site or e-mail cannot be guaranteed. Accordingly, VYVE is not responsible for the security of information transmitted via the Internet.

Opt-Out Right

Except as necessary for VYVE to provide the services, information, or products requested by a visitor, the visitor may opt out of having his or her personally identifiable information, which has been voluntarily provided to VYVE through an online form, registration form, survey, or other similar

mechanism, prospectively retained by VYVE, used by VYVE for secondary purposes, or disclosed by VYVE to third parties by contacting VYVE via email at [email protected]. Once VYVE has implemented the visitor’s request, VYVE will prospectively cease retaining, using for secondary purposes, or disclosing to third parties the personally identifiable information identified by the visitor in his or her request, to the extent directed in the request. (This does not apply to collection of the type of Web browser of the visitor to the Site or to information provided or collected that does not meet the above description.)

Access to and Ability to Correct Personal Data

Upon a visitor’s request via phone or through the Internet, VYVE will provide to the visitor a summary of any personally identifiable information retained by VYVE regarding the visitor, which information has been voluntarily provided to VYVE through an online form, registration form, survey, or other similar mechanism. A visitor may modify, correct, change or update their personally identifiable information by contacting VYVE through the “Contact us” section of the Web site at https://www.vyvewellness.com/contact/.

Right to Change Privacy Statement

VYVE may change this Privacy Statement at any time. Notice of any new or revised Privacy Statement, as well as the location of the new or revised statement, will be posted on the Site for at least 60 days after the change. It is the obligation of users visiting the Site before the change to learn of changes to the Privacy Statement since their last visit. Any change to this Privacy Statement shall be effective as to any visitor who has visited the Site before the change was made.

This Privacy Statement is effective July 1, 2021.