Effective Date: Dec 31, 2021
We may provide additional privacy notices to individuals at the time we collect their data. This type of an “in-time” notice will govern how we may process the information you provide at that time.
Personal Information We Collect
How we collect personal information
We may obtain personal information from various sources, including our Sites, other sites with which we collaborate, when you call or email us or communicate with us (including through social media), public forums, or when you participate in events or other promotions.
We also may obtain information about you (including personal information) from our business partners, such as vendors, and others.
You may choose not to provide some or all of your personal information to us but doing so may prevent us from providing our services to you or limit our ability to provide you with the level of service that you would otherwise expect from us.
Types of personal information we collect
Categories of personal information we collect are as follows:
A real name, alias, unique personal identifier, online identifier, social media handle, screenname or username, IP address, telephone number, email address, account or other similar identifiers.
B. Protected information.
Age or date of birth, or gender.
C. Commercial information.
Business address, professional credentials, business details, and similar information, records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, and payment card and similar information.
D. Geolocation data.
Physical location or movements.
E. Sensory data.
Audio, electronic, visual, or similar information.
F. Inferences drawn from other personal information.
Profile reflecting a person’s preferences, characteristics, and behavior.
We may also automatically receive your device’s location or other information when you use our services or services linked to our Site (including our mobile applications, or when you submit a photo or other materials that contain geographic information in its metadata). We may use various technologies to determine location, such as location services of your operating system or browser and sensor data from your computer or device that may, for example, provide information on nearby Wi-Fi access points and cell towers. You may opt out of sharing your real-time information as we describe below.
Site usage information, cookies and other information collected by automated means
We, our service providers, and our business partners, may also collect certain information about the use of our websites and mobile applications by automated means, such as cookies, and other technologies (“Automated Information”). Please see our Cookies Policy for more information on cookies. In addition to cookies, such other technologies may include:
- “Pixel tags” (also known as a “clear GIFs” or “web beacons”) which are tiny images (in most cases, typically just one-pixel) that can be placed on a Web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our Web pages.
- “HTML5” (the language some Web sites, such as mobile Web sites, are coded in) may be used to store information on your computer or device about your Site usage activities and to help determine how our Site is being used by our visitors, how it can be improved and to customize it for our users.
The information that may be collected by automated means includes:
- Details about the devices that are used to access our websites or mobile applications (such as the IP address, Internet Service Provider, and type of operating system and web browser), and we may associate that with your domain name or that of your Internet access provider.
- Dates and times of visits to, and use of, our websites and mobile applications.
- Information about how our websites and mobile applications are used (such as the content that is viewed on our websites and how users navigate between our webpages, or the features of our mobile applications that are used and how users navigate between screens on our mobile applications).
- URLs that refer visitors to our websites.
- Certain “clickstream data” pertaining to your usage of and navigation around the Site. Clickstream data includes, for example, information about your computer or device, Web browser and operating system and their settings, the referring page that linked you to the Site, the pages or ads you see or click on during your visit and when and for how long you do so, items you download, the next Web site you visit when you leave the Site and any search terms you have entered on the Site or a referral site.
- Search terms used to reach our websites or locate our mobile applications.
Web browsers may offer users of our websites the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our websites may not function correctly. The “help” menu on most internet browsers contains information on how to disable cookies, or you can visit www.aboutcookies.org/how-to-control-cookies/.
The above tracking technologies may be deployed by us or our service providers on our behalf. For example, we currently use, and/or in the future may use certain third-party service providers to collect Site usage information and track traffic to, from and around the Sites. To find out more about how your Site usage information is collected through the practices of, and how you may be able to opt out of certain information by, such third parties, please see our Cookies Policy.
Information you provide about others
Our Use of Personal Information
We (or one of our service providers, on our behalf) may use the information we collect for a variety of purposes, such as the following:
- Communicating about the products and services we offer, and responding to requests, inquiries, comments, and suggestions
- Administering the Site, the Site’s features and services, and your account with us (including when you sign up or communicate as a vendor or other user)
- Enabling users to use the Site and the Site’s features and services
- Analyzing and enhancing our communications and strategies (including by identifying when emails sent to you have been received and read)
- Operating, evaluating and improving our business, our websites and mobile applications, and other products and services we offer (including to research and develop new products and services)
- Analyzing use of our products and services
- Developing new features and offerings on the Site
- Sending you marketing and other communications, including information about products, services and events that we believe may be of interest to you.
- Tailoring the content and ads we display in our communications and on our websites and in mobile apps and elsewhere to your interests and history with us
- Customizing the Site to your interests and your history with us
- Administering surveys and other market research
- Protecting our rights and property
- Tracking and responding to quality and safety matters
- Complying with regulatory monitoring and reporting obligations
- Complying with legal or regulatory requirements, judicial process, industry standards and our company policies
- Protecting against, identifying, investigating, preventing, and responding to fraud, illegal activity (such as incidents of hacking or misuse of our websites and mobile applications), and claims and other liabilities, including by enforcing the terms and conditions that govern the services we provide
- Other purposes described at the time you choose to provide personal information to us
To perform the above functions, we may match information collected from you through different means or at different times, including both personal information and Automated Information, and use such information along with information obtained from other sources.
We may also aggregate and/or de-identify any information that we collect, such that the information no longer identifies any specific individual. We may use, disclose and otherwise process such information for our own legitimate business purposes – including historical and statistical analysis and business planning – without restriction.
How We May Share Information about You with Others
We may share information about you with others for a variety of reasons. In addition to the kinds of information sharing you might expect, such as sharing with our subsidiaries and our affiliates, we may share your details with:
- Third parties that provide services to us or perform services on our behalf, including:
- Technology providers (including technology support, email and web hosting providers, marketing and advertising technology providers, email and text communications providers, mobile app developers)
- Organizations that help facilitate Spirvana programs
- Contract organizations that conduct research on our behalf
- Payment and similar service providers
- Support provider
- Third parties with whom we jointly develop products or services
- Affiliates and other third parties (e.g., pre-screened organizations that have offerings we think may interest you, retailers/vendors and other third-party partners) for their marketing and other purposes (including, without limitation, providing product samples), unless you tell us not to by following the instructions in the “Opt In and Opt Out” section below
- Co-sponsor(s) if we obtain your information in connection with a contest, sweepstakes, event, offering or other promotional activity that is jointly offered by us and any third parties, unless (if you don’t opt in when entering the promotion) you tell us not to by following the instructions in the “Opt In and Opt Out” section below
- Regulators worldwide, as required by law, including in connection with monitoring, review and approval of our products and services, and adverse event reporting
In addition, we may share your information to comply with legal or regulatory requirements, industry standards, judicial process, and our company policies, as well as to protect against, identify, investigate, prevent and respond to fraud, illegal activity (such as identifying and responding to incidents of hacking or misuse of our websites and mobile applications), adverse event reporting, and claims and other liabilities.
Do Not Track Disclosures
Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, we currently do not change our tracking practices (which are explained in more detail directly above) in response to “do-not-track” (DNT) settings in your web browser. If and when a final standard is established and accepted, we will reassess how to respond to these signals.
Our third-party service providers, such as web analytics companies and social media and networking platforms, collect information about your online activities over time and across our Site and other online properties. These third parties may not change their tracking practices in response to DNT settings in your web browser and we do not obligate these parties to honor DNT settings. Information about how to opt out from your data being used by third parties can be found above under “Site usage information, cookies and other information collected by automated means.”
Payment and Third-Party Payment Processors
Online Privacy Choices and Rights
Opt In and Opt Out
You may have the right to opt in to or opt out of certain of our uses and disclosures of your personal information. For example, when you are asked to provide personal information on this Site, you may have the opportunity to elect to, or not to, receive promotional messages from us by e-mail or text messaging. You may unsubscribe from our promotional emails by editing your preferences in your account profile on the Site, or by clicking on the “unsubscribe” or opt-out link within the e-mail you receive. To opt out of our text messaging, please follow the instructions provided in connection with the particular text messaging campaign. Please understand that it may take us some time to process any opt out request and that even if you opt out of receiving promotional correspondence from us, we retain the right to send you non-marketing communications (such as information about your transactions, or changes in website or mobile application terms) and may still contact you in connection with your relationship, activities, transactions and communications with us.
If we share personal information with third parties for their marketing purposes, you will be able to elect for us not to do so by emailing us at email@example.com (please include your name, mailing address, and email address). See “Your California Privacy Rights” below. If you are known to us as a Canadian user, we will treat you as having opted out by default, unless you specifically authorize us to share your information.
Third-party advertising servers and networks
We may use third-party advertising companies, such as advertisers, advertising networks, advertising servers, and analytics companies (collectively, “Ad Partners”) to serve ads when you visit the Site or elsewhere online. These companies may use information about your visits to this Site and other Web sites in order to provide advertisements about goods and services of interest to you. These advertisements may appear on this Site and on other Web sites. These companies may employ cookies, clear GIFs and other tracking technologies to cause relevant ads to be displayed to you. For more information about third-party advertisers and how to prevent them from using your information, visit the Network Advertising Initiative’s consumer Web site at http://www.networkadvertising.org/choices/ or the Digital Advertising Alliance’s Web site at http://www.aboutads.info/choices/. We encourage you to read these businesses’ privacy policies to learn about how they treat your information.
These Ad Partners may recognize a particular individual across third party websites over time and link various devices used by the same individual. For more information about how Ad Partners use the information collected by these technologies and about your options not to accept cookies placed by some of these companies on our websites and mobile apps, please visit http://www.aboutads.info/ or http://networkadvertising.org/choices/. If you are accessing the Sites from Canada, please visit http://youradchoices.ca/choices/.
The opt-outs described above are device- and browser-specific and may not work on all devices. If you choose to opt out through any of these opt-out tools, this does not mean you will cease to see advertising. Rather, the ads you see will be based on the website you are visiting and not your interests.
You may unsubscribe from receiving marketing or other commercial emails from Spirvana by following the instructions included in the email or as described in the “Opt In and Opt Out” section above. Please understand that it may take us some time to process any opt out request and that even if you opt out of receiving promotional correspondence from us, we retain the right to send you non-marketing communications (such as information about your transactions, or changes in website or mobile application terms) and may still contact you in connection with your relationship, activities, transactions and communications with us.
As we describe in the “Mobile Apps” section above, if you opt-in, some of our apps may collect your device’s precise real-time location, and in such cases, you may be able to opt out from further allowing us to have access to such location data by managing your location preferences in the app and/or on your device.
Sharing information with third parties
As we describe in the “How We May Share Information about You with Others” section above, you may opt out of certain information sharing following the instructions in the “Opt In and Opt Out” section above.
Your California privacy rights
Access to Information and Data Portability Rights
You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date:
- The categories of personal information we have collected about you.
- The categories of sources from which we collected your personal information.
- The business or commercial purposes for our collecting or selling your personal information.
- The categories of third parties to whom we have shared your personal information.
- The specific pieces of personal information we have collected about you.
- A list of the categories of personal information disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
- A list of the categories of personal information sold about you in the prior 12 months, or that no sale occurred. If we sold your personal information, we will explain:
- The categories of your personal information we have sold.
- The categories of third parties to which we sold personal information, by categories of personal information sold for each third party.
You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your personal information that we have collected in the period that is 12 months prior to the request date and are maintaining.
Data Deletion Rights
Except to the extent we have a basis for retention under CCPA, you may request that we delete your personal information that we have collected directly from you and are maintaining. Note also that we are not required to delete your personal information that we did not collect directly from you.
Exercising Your Rights
To make a request for access, portability or deletion according to your rights under CCPA, please email firstname.lastname@example.org with “CCPA request” in the subject line, or mail your request to the attention of CCPA Privacy Request at Spirvana LLC, Attention: CEO, 535 Fifth Avenue, 4th Floor, New York, New York 10017. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”).
The Verifiable Consumer Request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Some personal information we maintain about Consumers is not sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer’s personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response.
We will make commercially reasonable efforts to identify Consumer personal information that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.
Notice of Right to Opt Out of Sale of Personal Information
California residents may opt out of the “sale” of their personal information. California law broadly defines “sale” in a way that may include when we share your information with third parties to provide you with offers and promotions that we believe may be of interest to you. It also may include allowing third parties to receive certain information, such as cookies, IP address, and/or browsing behavior, to deliver targeted advertising on the Services or other services. Advertising, including targeted advertising, enables us to provide you certain content for free and allows us to provide you offers relevant to you.
Depending on what services you use, we may provide the following categories of personal information to third parties for these purposes:
- For online targeted advertising purposes: demographic and statistical information, user-generated content, device information and identifiers, connection and usage data, geolocation, and social media information.
- For sharing with third parties to send you relevant offers and promotions: contact and account registration information; demographic and statistical information, user-generated content, and geolocation.
If you would like to opt out of Spirvana’s use of your information for such purposes that are considered a “sale” under California law, you may do so [as outlined on the following page: Do Not Sell My Personal Information. You can also submit a sale opt-out request by emailing us at email@example.com. Please note that we do not knowingly sell the personal information of minors under 16 years of age without legally required affirmative authorization.
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your personal information as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms so check them regularly.
Shine the Light: California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. As discussed above, if we share Personal Information with third parties for their marketing purposes you will be able to elect for us not to do so by emailing us at firstname.lastname@example.org (please include your name, mailing address, and email address). To find out more about your opt-out rights, see the “Opt In and Opt Out” section above.
Notice to Nevada users
Under Nevada law, Nevada residents may opt out of the “sale” of certain “covered information” (as defined under Nevada law) collected by operators of websites or online services. We currently do not sell covered information, as “sale” is defined by Nevada law, and we do not have plans to sell this information. However, if you are a Nevada resident and would like to be notified if we decide in the future to sell personal information covered by Nevada law, please contact us at email@example.com with “Nevada Privacy Updates” in the subject line and confirmation of your Nevada residence. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our practices change.
We will retain your information only for as long as necessary to fulfill the purpose(s) for which the information was collected, depending on the purpose(s) for which the information was collected, the nature of the information, any contractual relationship that may governs the retention of the data, our legal or regulatory obligations, and our records retention policy. We will then destroy your information or anonymize the information, subject to and in accordance with applicable law and our records retention policy.
How we Protect Personal Information
We use various efforts intended to safeguard the security and integrity of personal information collected on our Sites. Payment card information is processed by third-party Payment Processors pursuant to their applicable privacy policies. Despite these measures, however, we cannot and do not guarantee that information will be absolutely safe from interception or intrusion during transmission or while stored on our system, or otherwise.
If you correspond with us by e-mail, text message or using Web forms like a “contact us” feature on our Sites, you should be aware that your transmission might not be secure from access by unauthorized parties. We have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission. If you create an account on our Sites, you are responsible for maintaining the confidentiality of your account password and for any activity that occurs under your account. Please notify us of any unauthorized use of your password or account.
If we believe that the security of your personal information in our care may have been compromised, we may seek to notify you. If we have your e-mail address, we may notify you by e-mail to the most recent e-mail address you have provided us in your account profile. Please keep your e-mail address in your account up to date. You can change that e-mail address anytime in your account profile. If you receive a notice from us, you can print it to retain a copy of it. To receive these notices, you must check your e-mail account using your computer or mobile device and email application software. You consent to our use of e-mail as a means of such notification. If you prefer for us to use the U.S. Postal Service to notify you in this situation, please e-mail us at firstname.lastname@example.org (please include your name, mailing address, and email address). You can make this election any time, and it will apply to notifications we make after a reasonable time thereafter for us to process your request. You may also use this e-mail address to request a print copy, at no charge, of an electronic notice we have sent to you regarding a compromise of your personal information.
Links to Websites and Third-Party Content
For your convenience and information, we may provide links to websites and other third-party content that is not owned or operated by us. The websites and third-party content to which we link may have separate privacy notices or policies. We are not responsible for the privacy practices of any entity that it does not own or control.
The Site is intended for general audiences and not intended for children under 16 years of age. We do not knowingly collect or store any personal information from children under the age of 16. If you are under 16, please do not register on the Site, transact or communicate through the Site or send any information about yourself to us, including your name, address, telephone number or email address. If you believe that we might have any information from a child under the age of 16, please contact us at email@example.com, and we will take reasonable steps to delete it as soon as possible.
How to Contact Us