Privacy Policy
You have entered a “replicated website,” of an Independent Distributor for Vital Elements, Inc. the Back-Office of a Vital Elements Independent Distributor, the corporate website of Vital Elements, or a mobile application (“App”) operated by Vital Elements (referred to herein as “Vital Elements”, “our”, “us” or “we”). The site or App you have entered (collectively the “Site”) is operated by Vital Elements and is hosted on Vital Elements’s server. All information you submit on this Site is sent to and accessed by Vital Elements and some of the information you submit is accessed by the Independent Distributor to whom this Site is assigned. By visiting this Site and providing information to Vital Elements you consent to the following privacy policy, use and disclosure of information.
INFORMATION COLLECTION
Personally Identifiable Information
Through your use of or visits to the Site, you may be required or requested to provide personally identifiable information to us. Personally identifiable information is any piece of information that can potentially be used to uniquely identify, contact, or locate a single person including names, addresses, email addresses, telephone numbers, social security and tax identification numbers, and credit card or banking information.
Distributor and Customer Information
In order to become a Distributor or customer, you must provide biographical and contact information (such as name, mailing address, telephone numbers, and email address) to us. Distributor applicants must also provide personal information such as an applicant’s Social Security Number or Federal Tax ID Number so that we may prepare and file necessary non-employee compensation forms for the IRS. Distributors and customers are also required to provide payment information (such as credit card, debit card, or checking account information). We use this information to maintain contact with Distributors and customers, to process Distributor and customer orders, and for billing purposes.
INFORMATION USE & SHARING
Personally Identifiable Information
Vital Elements DOES NOT share personally identifiable information except with contracted service providers as may be necessary to: (a) process orders and/or returns and obtain payment; (b) complete an enrollment as a Distributor or customer; (c) maintain our genealogy database; (d) issue payment and report income to taxing authorities; and (e) maintain communication with you. We also provide personally identifiable information: (a) to upline Distributor(s) as described in the Genealogy Information section; and/or (b) to assign prospective Distributor and customer leads to Distributor; (c) to assign a sales or enrollment lead to a Distributor; (d) to governmental entities or third parties as required pursuant to law or legal process.
Genealogy Information
As a network marketing company, Vital Elements provides certain information to Distributors regarding the other Distributors and Customers enrolled in a Distributor’s downline marketing organization. If you enroll as a Distributor or Customer with Vital Elements, your name, address, email address, telephone number, rank, and sales volume information will be provided to other Distributors as downline genealogy information. No other personally identifiable information will be shared with other Distributors. Information relating to downline Distributors is made available to Vital Elements Distributor subject to a confidentiality and non-solicitation covenant in the agreement that each Distributor enters into with Vital Elements. However, Vital Elements does not warrant that other Distributors will adhere to the confidentiality and non-solicitation covenants, and Vital Elements shall not be responsible for Distributors’ violation of these covenants.
Sales Information
If you make a purchase from a Distributor’s Replicated Website or enroll in the Customer VIP program, we will provide the Distributor to whom the Replicated Website is assigned with your name, contact information, a description of the item(s) purchased, and the sales volume associated with the purchase. No other personally identifiable information will be shared with the Distributor.
Aggregate Information (non-personally identifiable)
Vital Elements may share aggregated demographic information with our partners, vendors, suppliers, third party providers, and advertisers. This is not linked to any personally identifiable information.
Business Transitions
In the event Vital Elements goes through a business transition, such as being acquired by another company, or selling all or part of its assets, the personal information of Distributors and customers will, in most instances, be part of the assets transferred. In such a case your personally identifiable information will be transferred to the acquiring individual or entity and shall be subject to the privacy policy of the individual or entity that acquires Vital Elements.
Lead Assignments
Vital Elements occasionally will assign prospective sales and new Distributor leads to Distributors. In these cases, we will provide the lead with the appropriate Distributor’s name and contact information and/or provide a Distributor with the prospective lead’s name, contact information, and any product inquiries or other information you may have submitted.
Surveys
It may become necessary to conduct surveys of our customers or Distributors. Should we deem it necessary to conduct a survey, we may outsource the survey to a third party. We will provide the third-party survey company with your personal information as is necessary for the third-party survey company to conduct the survey and to those third parties whom we engage to review and analyze the results of the survey. We will not provide your social security number, credit card or banking information to the survey provider.
MISCELLANEOUS
Dispute Resolution
This privacy policy is governed by the laws of the State of Idaho. The offer extended by this Agreement, and any acceptance of its terms, shall occur in State of Idaho. Any dispute arising from or relating to this privacy policy shall be brought in the courts of the State of Idaho. The parties stipulate to exclusive jurisdiction before such court and further stipulate that venue is proper before such court. Each party to a dispute arising from or relating to this privacy policy shall bear his/her/its own attorney’s fees, costs, and expenses
If a visitor to this site wishes to bring an action for the breach of this privacy policy, he/she shall do so on an individual basis. Visitors waive all rights to bring an action on a class or consolidated basis.
If a visitor to this site is also a Vital Elements Distributor and combines claims under this privacy policy with claims that are subject to Vital Elements’s Policies and Procedures that are applicable to Distributors, the dispute resolution provisions of the Vital Elements Policies and Procedures shall govern.
Changes to this Privacy Policy
Vital Elements reserves the right to amend or change this Privacy Policy at any time at its sole discretion. When material changes or amendments are made to the Privacy Policy, we will announce the same under the Privacy Policy tab for a period of at least 30 days prior to implementation of the amended Privacy Policy.
Links
Vital Elements’s websites may contain links to or from other sites. Please be aware that Vital Elements is not responsible for the privacy practices of such other sites. We encourage users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by Vital Elements websites.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to comply with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not knowingly collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Questions
Questions regarding this Privacy Policy should be directed to customersupport@vital.bhirst.dev.
Effective Date
The effective date of this Privacy Policy is February 5, 2020