Vitamix Privacy Statement
Effective Date: May 8, 2018
We are committed to protecting your privacy when you interact with us. This Privacy Statement (“Privacy Statement” or “Statement”) sets out the privacy practices for Vita-Mix Corporation, Vita-Mix Holdings Company, Vita-Mix Manufacturing Corporation, and Vita-Mix Management Corporation (“Vitamix”, “us” or “we”) with respect to information, including Personal Data (which means any information relating to an identified or identifiable natural person), we obtain from and about individuals interacting with Vitamix and its websites (our “Site”), mobile applications, products and services. This Statement does not apply to job applicants or Vitamix employees.
If you are visiting our Site from the European Union (“EU”) or where applicable EU data protection laws so provide, please see Section 10 on your EU Privacy Rights for additional information.
Privacy Statement Contents
- Personal Data Collected
- How We Process Your Personal Data and On Which Legal Grounds
- With Whom We Share Personal Data
- Your Choices
- Retention of Data
- Security of Data
- Links to and Privacy Statements of Third Party Sites
- Children’s Privacy
- International Transfers of Your Personal Data
- Your EU Privacy Rights
- Contact Information
Personal Data Collected
The type of Personal Data we collect depends on how you use this Site or interact with Vitamix.
Sources of Personal Data
Personal Data is collected directly from you when you:
- Register with us for an ecommerce store account, register your product, register your email address with us, or opt-in to receive newsletters,
- Enter sweepstakes or contests sponsored by us,
- Sign up for special offers from select third parties,
- Send email messages or feedback, submit forms or transmit other information by email,
- Submit your credit card or other payment information when ordering and purchasing products and services on our Site or by phone,
- Contact Vitamix directly, including by phone, mail, or any type of electronic message for sales, service, information, warranty, or customer support, or
- Complete a survey.
Please see Section 4 below on Your Choices in order to correct or amend Personal Data that you have already submitted. It is your responsibility to provide us with accurate data, and to provide us with updated Personal Data when it changes.
Vitamix also collects Personal Data from other Vitamix entities. In addition, Vitamix receives Personal Data from third parties who provide services to us, such as web analytics providers.
Categories of Personal Data
Vitamix generally collects Personal Data directly from you (electronically, in writing, or verbally). This Personal Data includes:
- Contact information (such as name, email address, mailing address and phone numbers),
- Payment information (including credit card information, billing address and bank account information),
- Purchase or product/service use history,
- Account log-in credentials,
- Your location,
- Your interests,
- Demographic information (such as number in household, age, etc.),
- Photographs, images, video and other user-generated content such as materials that you may submit for contests or sweepstakes, and
- Data gathered by technology when you visit our Site.
We also automatically collect information about you from cookies and other similar technologies, which may be considered Personal Data under applicable laws. For more information on cookies, please see the Vitamix Cookie Statement.
California Do Not Track Disclosures
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, which may also be considered Personal Data under applicable laws. Some of this data 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. At this time, Vitamix’s Site does not respond to Do Not Track beacons sent by browser plugins as there is not yet a common agreement about how to interpret Do Not Track signals from browsers.
How We Process Your Personal Data and On Which Legal Grounds
We process your Personal Data to:
- Provide our products or services to you or process your orders – this is necessary for the performance of a contract with you,
- To send you administrative notices to inform you about important changes in our contractual relationship – this is necessary for the performance of a contract with you or for our legitimate interest to do so,
- To provide you with a more efficient and customized educational and shopping experience, provide you with customized marketing and promotional services and inform you about our products, services, special offers and upcoming events that may be of interest to you, statistically analyze Site use (for more information in this respect, see our separate Cookie Statement), improve our product and service offerings, and enhance our Site's content, layout, and services – this is necessary for our legitimate interests as set out herein or based on your consent (in which case we would ask you separately to provide your consent to a particular processing activity).
With Whom We Share Personal Data
Your Personal Data may be shared with other Vitamix companies (i.e., intra-group) for all the purposes described in Section 2. We may also provide some of our services through contractual arrangements with other Vitamix companies and service providers who process the Personal Data on our behalf, in particular for IT support, hosting and maintenance services and mailing or delivery/transport services.
We need to share your Personal Data with other third parties in order to deliver the requested products or services. In particular, we must release your credit card information to the card-issuing bank or a payment provider to confirm payment for products and services you purchase from us. We also share your Personal Data with accounting and consulting firms and external counsel.
We may share data with select third parties, such as our advertisers, for purposes of serving you with customized promotions. If you would like to learn more about the sharing of data for purposes of providing customized advertisements or promotions, please visit http://www.aboutads.info/consumers/. We may also use or share your information in an anonymized or aggregate manner. We do not sell any of your Personal Data, including your name, mailing address or email address, to any companies.
Occasionally we may be required by law enforcement or other public authorities as well as judicial authorities, courts or tribunals to share Personal Data with them or other parties. We will disclose Personal Data upon receipt of a court order, subpoena, warrant, or other legal process to the extent necessary to meet legal, national security, public interest, or law enforcement obligations or defend our interests in legal, administrative or other proceedings, which may require us to share Personal Data with other parties to the proceedings and their external counsel. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
We may buy or sell all or part of our business or the business of a third party. All or part of your Personal Data may be transferred to a new business or owner as a result of such transactions, in accordance with applicable laws, however, your Personal Data will continue to be protected by any pre-existing Privacy Statement of Vitamix, unless you agree otherwise.
Public Postings. You should also be aware that when you voluntarily disclose your Personal Data in any public areas on this Site, that Personal Data, 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. If you do not want your comments to be viewed by third parties, you are advised not to make any public submissions.
If you do not wish to receive information regarding our products, services, special offers and upcoming events, please click on the “Unsubscribe” link shown on our emails and electronic newsletters to you or contact us at the address or email address listed below and we will remove your name from our mailing lists.
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. You can also access your Personal Data by emailing us at email@example.com. Please include your name, address, and/or email address when you contact us.
It is possible that you may be denied access to your Personal Data. For instance, access can be denied when: giving one person access would compromise another’s privacy rights; disclosure is likely to interfere with the safeguarding of national security, defense, or public security; and disclosure could interfere with law enforcement or legal actions. These are only examples, and access may be denied in other situations in compliance with applicable laws. For additional information about EU rights, please see Section 10 below.
Retention of Data
We will keep your Personal Data as reasonably necessary to fulfill the purposes for which Personal Data is collected as stated herein; for as long as is necessary for the performance of the contract between you and us, if any; and to comply with legal and statutory obligations, such as in tax, trade and corporate laws. When we no longer need your Personal Data for our purposes, we will destroy, delete or erase that Personal Data or convert it into an anonymous form.
Security of Data
Vitamix will take reasonable steps to protect your Personal Data in our possession from loss, misuse, unauthorized access, disclosure, alteration, and destruction. For example, we use security measures including safeguarding and monitoring our network and controlling access to our files, equipment, and buildings.
Links to and Privacy Statements of Third Party Sites
This Statement only applies to the processing activities of Vitamix, including as it relates to the Personal Data collected from this Site. Once you click on a link to another website (“Linked Site”), you are no longer on this Site. This Statement does not apply to the content or privacy practices of any Linked Site and Vitamix is not responsible for the operation of such Linked Sites. 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.
We do not use the Site to knowingly collect Personal Data from children under the age of thirteen (13), nor is this Site designed for or directed at children. By using the Site, you represent that you are age thirteen (13) or over. If you are a child under thirteen (13) years of age, you are not permitted to use the Site and should not send any Personal Data about yourself to us through the Site. If you believe that a child may have provided his or her Personal Data to us, please contact us using the contact information at the end of this Statement. In the event that we become aware that we have collected Personal Data from a child under the age of thirteen (13), we will dispose of that Personal Data immediately.
International Transfers of Your Personal Data
By using the Site or providing Personal Data to Vitamix, your Personal Data is transferred to the United States where Vitamix is headquartered. If you are not a resident of the United States, your country’s laws governing data collection and use may differ from those in the United States. For example, the data protection laws of the United States have not been found by the European Commission to provide the same level of protection as EU data protection law. Some of the third parties with whom we share your Personal Data are also located in third countries that do not provide the same level of protection to your Personal Data. Certain third countries have been officially recognized by the European Commission as providing an adequate level of protection (list available here). Transfers to third parties located in other third countries outside the European Economic Area (“EEA”) take place using an acceptable data transfer mechanism, such as the EU-U.S. Privacy Shield for transfers to self-certified U.S. organizations, the EU Standard Contractual Clauses, Binding Corporate Rules, approved Codes of Conduct and Certifications or in exceptional circumstances on the basis of permissible statutory derogations. Please contact firstname.lastname@example.org, if you want to receive further information or, where available, a copy of the relevant data transfer mechanism.
EU-U.S. Privacy Shield
Vitamix complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred from the European Union to the United States. Vitamix has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Statement and the Privacy Shield Principles, the Privacy Shield Principles shall govern. Our Privacy Shield certification applies to all of our U.S. entities and subsidiaries covered in our Privacy Shield certification record, accessible here. The Federal Trade Commission has jurisdiction over Vitamix’s compliance with the Privacy Shield. In the context of an onward transfer, Vitamix has responsibility for the processing of Personal Data it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
In compliance with the Privacy Shield Principles, we commit to resolve complaints about our collection or use of your Personal Data. European Union individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Vitamix at email@example.com.
Vitamix has further committed to refer unresolved Privacy Shield complaints to Judicial Arbitration and Mediation Services ("JAMS"), an alternative dispute resolution provider located in the United States. If we have not resolved your complaint, you may contact or visit the JAMS website for more information or to file a complaint. The services of JAMS are provided at no cost to you. Please note that if your complaint is not resolved through these channels, under limited circumstances, binding arbitration may be available. For additional information about the Privacy Shield arbitration process, please visit the Privacy Shield website.
Your EU Privacy Rights
If you are visiting the Site from the EU or where applicable EU data protection laws so provide, you may exercise the following rights regarding your Personal Data:
You have the right to obtain from us confirmation if your Personal Data is being processed and certain information in this regard.
You have the right the request the rectification of inaccurate Personal Data and to have incomplete data completed.
You have the right, when we process Personal Data on the grounds of legitimate interests, to object to the processing of your Personal Data for compelling and legitimate reasons relating to your particular situation, except in cases where legal provisions expressly provide for that processing. In addition, you have the right to object at any time where your Personal Data is processed for direct marketing purposes.
You may receive your Personal Data that you have provided to us in a structured, commonly used and machine-readable format and have the right to transmit them to other data controllers without hindrance. This right only exists if the processing is based on your consent or a contract and the processing is carried out by automated means.
You may request to restrict processing of your Personal Data if (i) you contest the accuracy of it – for a period we need to verify your request; (ii) the processing is unlawful and you oppose the erasure of it and request restriction instead; (iii) we no longer need it, but you tell us you need it to establish, exercise or defend a legal claim; or (iv) you object to processing based on public or legitimate interest – for a period we need to verify your request.
You may request to erase your Personal Data if it is no longer necessary for the purposes for which we have collected it, you have withdrawn your consent and no other legal ground for the processing exists, you objected and no overriding legitimate grounds for the processing exist, the processing is unlawful, or erasure is required to comply with a legal obligation.
Right to lodge a complaint
You also have the right to lodge a complaint with a supervisory authority, in particular in the EU Member State of your residence, or the location where the issue that is the subject of the complaint occurred.
Right to refuse or withdraw consent
Please note that in case we ask for your consent to certain processing, you are free to refuse to give consent and you can withdraw your consent at any time without any adverse negative consequences. The lawfulness of any processing of your Personal Data that occurred prior to the withdrawal of your consent will not be affected.
If you have questions about exercising any of those rights or their applicability to any of our particular processing activities or have questions about any data transfer mechanism or want a copy thereof, you may contact us at firstname.lastname@example.org or at the address provided in Section 11 below.
Unless otherwise stated, Vitamix is a data controller for Personal Data processed subject to this Statement. If you have any questions about this Statement or if you believe that your Personal Data has been processed or disclosed in violation of this Statement, please contact us by sending an email to email@example.com, or a letter to:
Vita-Mix Corporation 8615 Usher Road Cleveland, Ohio 44138
Attn: General Counsel