We are committed to protecting the privacy of the Personal Information of users of the Site and Account Holders (collectively, “you”, “your”).
a. A “User” is someone who accesses, browses or in any way uses the Site or Site Content.
b. “Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to or through the Site, such as invitations, and information that you display as part of your account profile. “User Content” means Content that users submit or transmit to or through the Site. “VAPZ Content” means Content that we create and make available on the Site. “Third Party Content” means Content that is made available on the Site by parties other than VAPZ or its users. “Site Content” means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and VAPZ Content.
c. “Site” means the Site, and the software, hardware, tangible and intangible rights or assets, either property, managed, licensed or used by VAPZ, at its principal place of business, for operating and making available the Program to internet users, and includes without limitation registered accounts, Site Content and information posted and accessible therein.
d. “Account Holder” means a user who also registers an account (“Account”) under the Site.
e. The term “Personal Information” means information about a determined or identifiable individual. This includes but is not limited to your name, address, telephone number, occupation, profession or personal occupation, images, video or photos that may allow proper identification, e-mail address, and any other sensitive information that may be related to race; ethnical condition; political position; religious, philosophical or moral convictions; union affiliation; health condition or sexual preference, or any other considered as personal or sensitive data, regulated or protected under data privacy laws.
2. Purpose, Scope and Intent
2.1. VAPZ has created and established this Site as part of the Program to facilitate the marketing, promotion and selling of products by VAPZ. To carry out the Program, we make services available through our Site to provide marketing and promotional materials to you and to facilitate your purchase of product from VAPZ.
3. Information We Collect from You
3.1. We collect your Personal Information primarily from you. We may also collect it from other sources including agents and contractors or other third parties who represent that they have the right to disclose the information.
3.2. When you register for an Account, we may collect from you certain information, including but not limited to the following: a username, password; your first and last name and email address; mailing address; phone number; and confirmation from you that you are at least [insert] years old. You agree and warrant to us that this information is accurate and that you are providing this information in order to receive marketing and promotional materials from VAPZ, as well as to purchase products from VAPZ. [NTD: confirm regulatory requirements]
3.3. From time to time, we may request other Personal Information in order to provide features, functions or services, but you will always have the choice to decide whether or not to provide the requested information. If you access the restricted access portions of the Site or request certain services, you may be required to provide additional Personal Information.
4. Your Consent
4.1. We may collect, use or disclose your Personal Information only with your consent or as permitted or required by law. By providing Personal Information to us, you are consenting to its collection, use and disclosure as set forth herein, and particularly in a manner that VAPZ may consider in its soles discretion as advisable and beneficial for the best interest of the Program, including but not limited to the promotion and sale of VAPZ’s products.
4.2. We may also obtain your specific consent in your registration of an Account or other document, or by facsimile, electronic mail or telephone conversations with our employees, representatives or agents.
4.3. We also obtain consent from an individual representing to us that he or she has the authority to provide such consent.
4.4. The form of consent may vary depending upon the circumstances and the type of information, including the sensitivity of the information and your reasonable expectations.
4.5. You may opt in to or out of receiving marketing or promotional communications from us at the time of registering an Account or subsequently by contacting us or by online subscribe / unsubscribe. You may withdraw your consent for any other identified purposes at any time, subject to legal and/or contractual restrictions and reasonable notice. We may not be able to provide you with a particular service, including without limitation access to an Account or the Site, if you withdraw your consent to certain uses of Personal Information.
5. What We Do with Your Personal Information
5.1. Personal Information provided by you in connection with your business relationship with us, may be used by, collected by and/or disclosed by us (including our agents and member organizations) for the following purposes:
5.1.1. To evaluate your Account registration application and your eligibility for an Account;
5.1.3. For contract management and administration;
5.1.4. To provide information and services that you request, and to respond to your comments and inquiries;
5.1.5. [To place certain information provided by you on the Site for viewing by Users and to invite communication with other Users;]
5.1.6. In top-level aggregated form to attract users and other Account Holders, as well as to expand, reduce and otherwise make changes to the Site (such aggregated reports will not contain personally identifiable information);
5.1.7. For marketing and promotion of services to you;
5.1.8. To meet legal and regulatory requirements or to disclose information when we believe in good faith we are compelled to do so by law, a subpoena, court order, regulatory body or similar legal procedure;
5.1.9. If we believe in good faith that the disclosure is necessary to prevent physical harm or financial loss or to report suspected illegal activity;
5.1.11. To analyze data individually or in aggregate to assist in our internal economic and demographic projections and to display that aggregated data; and
5.1.12. As may be otherwise authorized by you.
5.2. If your Personal Information is to be used or disclosed for any new purposes, we will, to the extent required by law, identify these new purposes prior to such use or disclosure and, if required, obtain your consent.
5.3. [If you invite others to join the Site or to invite communication, we may send a message on your behalf using Your Content as well as other communications, including reminders. Of course anyone may opt out of receiving such communications by following the instructions in the e-mail. Even after deleting your Account and any posted information, it may remain visible to others, depending to the extent it has been shared or otherwise distributed by you to other Users.]
5.4. We will not sell any of your Personal Information that you provide us or provide to a third party for the purpose of solicitation by a third party.
5.5. We may aggregate information (gather up data across all User Accounts) or anonymize such information that is not publicly available, including User generated Content, in a manner that creates non-identifiable information and disclose such information to third parties for other marketing, promotional, statistical and useful purposes. In these situations, VAPZ does not disclose to these entities any Personal Information.
5.6. In some cases Personal Information may be disclosed, processed and/or stored outside of the country in which you or we reside, and therefore may be available to government authorities under lawful orders and laws applicable there.
6. Privacy and the Internet
6.1. On the Site we may also collect information that, alone, cannot be used to identify users. Examples of these types of non-Personal Information include IP addresses, cookies, Internet tags and navigational data.
6.1.1. An Internet Protocol (IP) address is a number automatically assigned to users’ computers when they access the Internet. This number does not identify the user’s name, e-mail address or other Personal Information. This information may be used to perform certain operations including without limitation to measure web site traffic, to help to understand how people are using the web site and to improve the web site and services provided.
6.1.2. “Cookies” are small text files that our Site sends to your browser, which provides information to us about your general Internet usage, such as recognizing repeat visitors and allowing us to understand how and when pages are visited. You may opt to enable a feature in your browser software that will erase cookies or block all cookies, however, some parts of the Site may no longer function properly if cookies are disabled.
6.1.3. Internet tags are smaller than cookies and tell the Site server information such as the IP address and browser type related to a user’s computer. Tags may indicate how many times a page is opened and which information is consulted.
6.1.4. Navigational data (including log files) are used for system management, to improve the content of the Site, for market research purposes and to communicate information to visitors. This may include the web site you came from, your browser type, domain name and time and date of access.
7. Maintaining the Accuracy of Your Personal Information
7.1. You are solely responsible for the accuracy, completeness and up-to-date aspect of the Personal Information you provide to us. We shall use reasonable efforts to keep our records of your Personal Information accurate, complete and up-to-date based upon the Personal Information we receive from you.
7.2. You or a person authorized by you, are responsible for informing us about changes to your Personal Information that are necessary to fulfill the identified purposes, such as but not limited to: if your name or address changes; or if a contact person changes.
8. Safeguarding Your Personal Information
8.1. We take commercially reasonable precautions to protect your Personal Information (regardless of the format in which it is held) against loss or theft, unauthorized access, unauthorized disclosure, copying, use, or modification, through safeguards appropriate to the sensitivity of the Personal Information.
8.2. Access to your Personal Information is only given to our employees who need to know the information and whose duties reasonably so require the information in order to fulfill the identified purposes.
8.3. VAPZ has adopted physical, procedural and technological procedures, including firewalls, in an effort to keep your Personal Information safe. [Our Site uses SSL technology, which is an open protocol for secure data communications across computer networks.] Data transmitted over the Internet, however, is not guaranteed to be secure and we does not guarantee, warrant or represent that the Personal Information you provide will be transmitted securely or protected completely against interception, loss, misuse or alteration. VAPZ accepts no responsibility or liability for any damages that may result where Personal Information submitted by you has not been securely transmitted, or has been intercepted, lost, misused or altered. [NTD: confirm SSL]
8.5. We retain your Personal Information only as long as necessary or relevant (1) for the identified purposes, (2) as required by law, (3) as required by agreements with third parties related to the provision of the Program, (4) where we use your Personal Information to make a decision about your application to register an Account, long enough to allow you access to the information for a reasonable period of time after the decision has been made, and (5) where your Personal Information is the subject of a request from you, for as long as is reasonably necessary to allow you to exhaust any recourse you may have under the law. We shall use commercial reasonable efforts and protocol to dispose of or destroy your Personal Information to prevent unauthorized parties from gaining access to the information. [NTD: confirm]
9. Special Note About Children
9.1. The Program and the Site is not directed towards children, nor does VAPZ believe that the Program or the Site will be of interest to children. VAPZ recognizes, however, the important safety issues regarding children who access the Internet. VAPZ does not knowingly collect, use, or disclose Personal Information from children, and is committed to complying with all applicable laws and requirements. To remove the information related to a child who has registered an Account and permanently remove all Personal Information regarding this child from the Program database, you should contact our Privacy Officer as provided for herein. [NTD: confirm re regulatory requirements]
10. Promotional Communications
10.1. When registering an Account, we offer you the option of receiving notification of special offers by us and other promotional information. You must indicate your positive consent to receive this valuable service. [NTD: confirm]
10.2. From time to time, we may request information from you via surveys or otherwise. Participation in these surveys or other means is completely voluntary and you therefore have the choice whether or not to disclose the requested information. Information requested may include contact information (such as name, email address and shipping address), and demographic information (such as postal/zip code, etc.). Survey information will be recorded on an individual basis for the purpose of monitoring or improving the quality of the Program and Program offerings. [NTD: confirm]
11.1. If we suspect fraud by an Account Holder, we may investigate and report any evidence, including personally identifiable information, to law enforcement and to the courts in the course of seeking remedies in law or equity.
11.2. Any suspected breaches to the security of the Site should be immediately reported to our Privacy Officer as provided for herein.
12. Individual Access
12.1. Subject to restrictions detailed herein and within reasonable terms, you may obtain access to files on your Personal Information by making a formal request to our Privacy Officer.
13. Account Cancellation
13.1. You may cancel, close and terminate your Account at any time in accordance with our Registration Terms and Conditions. [NTD: confirm]
14. Language and Governing Law
15. Our Privacy Policies and Practices
15.2. You may challenge the accuracy and completeness of your Personal Information held by us and ask us to amend the information as appropriate. Under certain conditions as permitted or required by law, we may not provide you with access to your Personal Information kept in our file. Where we refuse your request, we will identify the reasons for refusing the request. If a complaint is found to be justified, we will take appropriate measures including, if necessary, amending our policies and practices.
Attention: Privacy Officer
TEL.: 1-844-547-VAPZ (8279)
All inquiries and concerns will be fully investigated and responded to by our Privacy Officer.
Posting Date: November 1st, 2014