I. Identity and domicile of Vitamix
Pursuant to the provisions of the Federal Law for the Protection of Personal Data Held by Private Parties (the “DP Act”), its regulations, the privacy notice guidelines and other applicable provisions, we inform you that Vita-Mix Corporation (the “Vitamix”, “we” or “our”), domiciled at 8615 Usher Road, Cleveland, Ohio 44138 (the “Contact Address”), is responsible for the use and protection of your personal data, which will be used in accordance with the terms of this Privacy Notice (the “Privacy Notice”).
II. Contact Information
Vitamix has appointed Customer Service to be in charge of the protection of personal data within the organization. If you have any questions about this Privacy Notice or if you believe that your personal data has been processed or disclosed in violation of this Privacy Notice, please contact us by sending a letter to the Contact Address.
You may also contact us by email at firstname.lastname@example.org, by telephone at 1-800-848-2649, or by facsimile at 440-235-3726.
Vitamix will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of personal data.
III. Purposes for the processing of your personal data
Your personal data will be processed for the following purposes necessary for the legal relationship between you and Vitamix:
- provide our services to you as required by our agreements with you;
- improve our marketing and promotional efforts;
- statistically analyze Site use;
- improve our product and service offerings, and
- enhance our Site's content, layout, and services.
In addition, we will process your personal data for the following purposes not necessary for your legal relationship with Vitamix:
- contact you regarding administrative notices, and/or
- send you occasional emails or regular mail regarding our products, services, special offers and upcoming events that may be of interest to you.
If you do not wish for your personal data to be used for the above purposes, please click on the "Unsubscribe" link shown on our emails and electronic newsletters to you or contact us at the address or telephone number listed in section II above and we will remove your name from our mailing lists.
IV. Personal data that will be processed.
In order to achieve the above-mentioned purposes, Vitamix will process the following Personal Data: identification information, contact data, and data relating to your product preferences.
We will not process sensitive personal data from you.
Vitamix may gather your personal data when you (a) register your email address with us, or opt-in to receive newsletters; (b) enter sweepstakes or contests sponsored by us; (c) sign up for special offers from select third parties; (d) send email messages or feedback, submit forms or transmit other information by email; or (e) complete a survey.
V. Options to limit the use and disclosure of your personal data.
You have the right to opt-out of having your personal data disclosed to an independent third party or used for some reason other than necessary purposes for the legal relationship between you and Vitamix, by contacting us via one of the methods described in section II above.
After receiving your request, you will be registered in an exclusion list created by Vitamix.
VI. Ways to exercise your ARCO Rights.
You have the right to: (i) access your personal data in our possession; (ii) rectify your personal data if it is inaccurate or incomplete; (iii) cancel the personal data when you consider it is not required for the purposes set forth in this Privacy Notice, when it is being used for non-consented purposes, or when the contractual or service relationship has ended; or (iv) oppose the processing of your personal data for specific purposes (jointly, the “ARCO Rights”). It is important to mention that the exercise of each of these rights is independent from the others, meaning that it is not necessary to exhaust one to exercise any of the others.
To exercise your ARCO Rights, you or your legal representative must file an ARCO Rights request via one of the methods described in section II above. Customer Service will follow-up on the matter. It is important that said request contains the following information and documentation:
- Your name, address and email;
- Copy of the documents that evidence your identity (e.g., copy of your voter´s identification card, passport or other official identification) or, if applicable, the documents that evidence your legal representation;
- A clear and succinct description of the personal data for which you wish to exercise any of the ARCO Rights;
- Any document or information that facilitates the location of your personal data; and
- In the event of requesting the rectification of your personal data, you must also indicate the modifications to be made and provide the documentation supporting your request.
Our answer will be sent to the email address provided in your request no later than 20 business days from the date on which your request was received. In the event that your request is granted, the requested changes will be made no later than 15 business days from the date of such grant. In the event you request access to your personal data, Vitamix will inform you via the email whereby our response to your request is communicated to you, the means by which you will have access to your personal data if the request is granted. The time periods mentioned in this paragraph may be extended by Vitamix once for an equal period of time, which will be communicated to you.
In addition, you may access your personal data and correct, amend, or delete any of the personal data you have provided to us on this Site by clicking on "My Account", or you may change preferences by clicking on the "Update Profile" link attached to our emails and electronic newsletters.
Vitamix may refuse to grant a request for the exercise of ARCO Rights in the events permitted by the DP Act. The reason behind this decision will be communicated to you.
Our refusal may be partial, in which case Vitamix will grant the access, rectification, cancelation or opposition with respect to those aspects that were approved.
If you believe that your right to data protection has been impaired by any behavior of our employees or by our proceedings or responses, or you allege that there is a breach to the provisions of the DP Act with regards to the processing of your personal data, you may submit the corresponding complaint or lawsuit before the National Institute of Transparency, Access to Information and Protection of Personal Information (INAI).
VII. Means to revoke the consent for the processing of your personal data.
You may revoke your consent for the processing of your personal data, by contacting us via one of the methods described in section II above.
If after the revocation you require confirmation of the same, Vitamix will respond to you explicitly.
We inform you that we may not be able to attend to your request or conclude the processing of your personal data immediately in every case since it is possible that due to a legal obligation we require to continue processing your personal data. Revoking your consent for the processing of your personal data may result in the impossibility of continuing with our legal relationship.
VIII. Transfer of personal data.
We inform you that for the purposes mentioned in this Privacy Notice, Vitamix may transfer your personal data without your consent in the following cases provided in article 37 of the DP Act:
- When the transfer is provided in a law or treaty to which Mexico is a party;
- When the transfer is necessary for medical diagnosis or prevention, health care delivery, medical treatment or health services management;
- When the transfer is made to parent companies, subsidiaries or affiliates under common control of Vitamix, or to a parent company or any company of the same group as Vitamix, operating under the same internal processes and policies;
- When the transfer is necessary by virtue of a contract executed or to be executed in your benefit between Vitamix and a third party;
- When the transfer is necessary or legally required to safeguard a public interest or for the administration of justice;
- When the transfer is necessary for the recognition, exercise or defense of a right in a judicial proceeding; and
- When the transfer is necessary to maintain or fulfill a legal relationship between you and Vitamix.
In such cases, we inform you that Vitamix as the responsible party for personal data, guarantees that this Privacy Notice will be respected at all times and necessary measures will be taken so that the people with access to your personal data comply with it as well as with the principles of personal data protection established by the DP Act.
Unless in the case of any of these exceptions provided by the DP Act, Vitamix will not transfer your personal data to third parties, unless you have previously consented such transfer.
Cookies are small files that are sent to and stored in your computer by the websites you visit. Cookies are stored in your browser’s file directory. Cookies may be stored only for the time you are in a given site, called a session cookie, or they may remain stored in your browser for a defined period of time beyond your current session, known as a persistent cookie. Cookies work in combination with content within the website itself, to capture and remember information. Cookies do not carry viruses or install malware. To learn more about these technologies and how they work, please see www.allaboutcookies.org.
- Strictly Necessary: These cookies are essential for running our website and are key to providing you with a seamless site experience. These include cookies that allow you to be remembered as you explore the site within a single session or, if you request, from session to session. They help make the shopping cart and checkout process run smoothly, as well as assist in security issues and conforming to regulations.
- Functional and Performance: These analytic cookies allow us to improve the website’s functionality by anonymously tracking usage. We do analytical profiling to understand unique users reading a particular article to identify what is popular. We also look at where content is accessed so we know how to arrange our site for optimal user experience. In some cases, these cookies improve the speed with which we can process your request, allow us to remember site preferences you've selected, and help connect you to your social networks. We count clicks on “Like” and “Tweet” plugins and what content from our sites was shared or referenced. De-selecting these cookies may result in poorly-tailored recommendations and slow site performance. You also may not be able to share effectively with Facebook, Twitter, or other social networks. We also examine what type of reference was used to reach our sites, such as an email campaign or a link from a referral site, so we can estimate the effectiveness of our promotions and advertising campaigns.
- Personalization: These cookies help make the content as personalized as possible, for example by showing you targeted banners and relevant recommendations of Vitamix products.
- Advertising: These cookies collect information to help better tailor advertising to your interests, both within and beyond the Vitamix website. De-selecting these cookies may result in seeing advertising that is not as relevant to you.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You can review the options available to manage cookies in your browser. Different browsers use different ways to disable cookies, but they are usually found under a Tools, Options or Help menu. If you turn cookies off, you may not be able to browse this website. If you delete your cookies from the browser, you may need to remember to re-install opt-out cookies. To find out more about cookies, including how to see which cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
Vitamix webpages contain embedded “share” buttons to enable users of the site to share content with friends through social networking sites, such as Facebook and Twitter. These third-party websites may set a cookie when you are logged-in to their respective service. Vitamix does not control the setting of cookies from these third-party websites. Please check the third-party websites for more information about their cookies and how to manage them.
- Public Postings. You should also be aware that when personal data is voluntarily disclosed in any public areas on this Site, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and this Privacy Notice does not apply to such information. Any submissions to public areas on this Site are accepted with the understanding that they are accessible to all third parties. If you do not want your comments to be viewed by third parties, you are advised not to make any public submissions.
- User Registration and Password. Ultimately, you are solely responsible for maintaining the secrecy of your password and/or account information. To ensure the effectiveness of your password, we recommend that you do not disclose your user identification or password to anyone. Please be careful and responsible whenever you are online.
- Links to and Privacy Policies of Third Party Sites. This Privacy Notice only applies to information collected from this Site by Vitamix. Once you click on a link to another website ("Linked Site"), you are no longer on this Site. This Privacy Notice does not apply to the content or privacy practices of any Linked Site. We encourage you to read the privacy statements of each and every website or Linked Site that collects personal data. You should contact advertisers, other websites or Linked Sites directly if you have any questions about their privacy policies or their use of the information they collect.
- Do Not Track. When you visit a website (such as Vitamix’s Site), your browser automatically shares certain information with that website, such as your IP address and other device information. Some of this information may also be sent to third-party content providers (for example: advertisers, website analytic companies, etc.) that provide content on the website. Such sharing may allow the website and/or content providers to track you over time and across multiple websites. Today, many browsers offer Do Not Track plugins that allow you to express a preference that you not be tracked, and that tell websites that you visit, by sending an electronic beacon, this preference. At this time, Vitamix’s Site does not respond to Do Not Track beacons sent by browser plugins.
XI. Security measures.
At our Site you can be assured that Vitamix will take reasonable steps to protect your personal data in our possession from loss, misuse, unauthorized access, disclosure, alteration, and destruction. The importance of security for all personal data associated with our customers is of utmost concern to us. Your personal data is protected in several ways. We encrypt your personal data and thereby prevent unauthorized parties from viewing such information when it is transmitted to us. In addition, your personal data resides on servers located in a controlled, secured environment that only authorized personnel have access to. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal data, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
In the event of a security breach in any of the phases of the processing of your personal data, which significantly affects your moral or economic rights, Customer Service will notify you immediately, in order for you to be able to take the corresponding measures for the defense of your rights.
XII. Changes and modifications to the privacy notice.
Vitamix reserves the right to make changes or updates to this Privacy Notice at any time, in the understanding that such modifications will be made available through the Site.
By providing your personal data to us, you acknowledge receipt of this Privacy Notice and grant your consent for the processing of your personal data in terms of this Privacy Notice.