Effective: July 2021
6782 Sebastopol Ave, Suite 100
Sebastopol, CA 95472
The owner of the Services is based in the State of California in the United States. We provide these Services for use only by persons located in the United States. We make no claims that the Services or any of their content is accessible or appropriate outside of the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. The Services are not designed for you to communicate with our providers regarding your specific treatment or care, and we do not monitor or respond to such inquiries communicated via the Services. If you wish to seek care or communicate regarding your treatment, please contact your health professional.
3. Categories of personal information we collect
The data we process is determined by how you interact with the Services. For example, the way we process your information may vary depending on whether you have submitted an inquiry via our contact form, registered for our newsletter, or signed up for certain Services.
We obtain personal information from the following categories of sources:
Information You Provide To Us:
We process information you provide to us on the legal basis of our legitimate interests in performing the function or service you requested. Where appropriate, we may rely on alternate legal bases, such as your consent to certain types of processing.
Marketing and Event Communications: When you sign-up for or subscribe to the Services, our alerts, marketing communications, publications, or events, we collect personal information about you which may include your name, email address, and postal address. We may use this information to send you updates that may be relevant to you regarding development of the Services, industry developments, company-related events, activities, and related news. We process this personal information on the basis of legitimate interests, or where we obtain your affirmative consent, on the basis of that consent.
If you do not want to receive communications from us in the future, please let us know by following the unsubscribe instructions found in any email we send, or by sending us an email to email@example.com. Please note we may still contact you if necessary to provide important notifications regarding certain Services.
Correspondence Information: If you sign up, email us, subscribe to any blog, newsletters, or mailing lists we may provide, we may keep your message, email address, and contact information to respond to your requests, provide the requested products or Services, and to provide notifications or other correspondences to you. If you do not want to receive communications from us in the future, please let us know by sending us an email requesting the same by following the unsubscribe instructions found in any email we send, or by sending us an email to firstname.lastname@example.org.
If you supply us with your postal address on-line, you may receive periodic mailings from us or our affiliates with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by contacting us at email@example.com or by calling our phone number provided above. Please note requests to remove your email address from our lists may take some time to fulfil. We may also still contact you as needed to provide important announcements or notifications regarding the Services.
Support Information: You may provide information to us via a support request submitted through the Services. We will use this information to assist you with your support request and may maintain this information to assist you or other users with support requests. Please do not submit any information to us via a support submission, including confidential or sensitive information that you do not wish for us or our Service Providers to have access to or use in the future.
Form Information: We may use forms to request certain information from you on the Services, such as your contact information to assist with contacts or service requests. This information may include personal information.
Information We Collect Automatically:
We use automatic data collection and analytics technologies to collect aggregate and user-specific information about your patterns of use, communication data and the resources that you access and use on the Services. This information is used to improve our Services. We process information collected automatically on the legal basis of our legitimate interests in assessing the use of its Services. Information we collect automatically through your use of the Services includes:
Social Media Widgets: The Services may contain links to our company’s accounts on social media platforms. Clicking on any such links means that the respective social network receives information on which website you came from as a user.
Log File Information: When you use the Services, we may receive log file information such as your IP address, browser type, access times, domain names operating system, the referring web page(s), pages visited, location, your mobile carrier, device information (including device and application IDs), search terms, and cookie information. We receive log file data when you interact with the Services, for example, when you visit our websites, sign into our website or mobile application, or interact with our email notifications. The Services use log file data to provide, understand, and improve our website and mobile applications, and to customize the content we show you. We may link this log file to other information we collect about you via the website.
Google will use this information on our behalf to evaluate the use of our website and content by users, to compile reports on the activities within the website, and to provide us with other services related to the use of our website content and Internet usage. Also, pseudonymous usage profiles of the users may be created from the processed data.
Users may prevent the collection by Google of the data generated by the cookies and related to their use of the content and the processing of such data by Google by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en
If your browser does not support the link to the Browser Add-On from Google (e.g. when using our website from your smartphone), you can also opt-out of data collection by Google Analytics by clicking the link below. An opt-out cookie is then stored that prevents the future collection of your data when visiting the website.
Click here to opt out of Google Analytics measurements.
4. How we use your personal information
- initiate a business relationship
- offering and improving our Services
- developing new Services and features
- to fulfill contractual and legal obligations
- to conduct the contractual relationship
- to offer our Services
- to strengthen the customer relationship, which may include marketing and direct mail
- detecting, preventing or otherwise addressing fraud, abuse, security or technical issues with our Services
- maintaining and improving the integrity of our computing systems, and protecting our users’ data security
- when we’re complying with legal obligations
5. How we share your personal information
Internally: We may share and process information internally and with our subsidiaries and affiliates. Our personnel may have access to your information as needed to provide and operate the Services in the normal course of business. This includes information regarding your use and interaction with the Services.
In many cases, our departments are supported by Service Providers (defined below) to fulfill their tasks.
With our Service Providers: We work with various organizations and individuals to help provide our Services to you (“Service Providers”), such as data hosting. We engage such third-party Service Providers to help us operate, provide, and market our Services. These third parties have only limited access to your information and may use your information only to perform these tasks on our behalf. Information we share with our Service Providers may include both information you provide to us and information we collect about you, including personal information and information from data collection tools.
We take reasonable steps to ensure our Service Providers are obligated to reasonably protect your information on our behalf. If we become aware that a Service Provider is using or disclosing information improperly, we will take commercially reasonable steps to end or correct such improper use or disclosure.
We share personal information with our Service Providers on the legal basis of our legitimate interests in providing you with our Services. Our engagement of Service Providers is often necessary for us to provide the Services to you, particularly where such companies play important roles like helping us keep our Services operating and secure. In some other cases, these Service Providers aren’t strictly necessary for us to provide our Services, but help us make it better by helping us conduct research into how we could better serve our users. In these latter cases, we have a legitimate interest in working with Service Providers to improve our Services.
To conduct business transactions: We may purchase other organizations or businesses or their assets, sell our organization or business assets, or be involved in a bankruptcy, merger, acquisition, reorganization or sale of assets. Your information, including personal information, may be among assets sold or transferred as part of a business transaction. In some cases, we may choose to buy or sell assets. Such transactions may be necessary and in our legitimate interests, particularly our interest in making decisions that enable our organization to develop over the long term.
Aggregated non-personal information: We may disclose aggregated, non-personal information received from providing the Services, including information that does not identify any individual, without restriction. We may share demographic information with business partners, but it will be aggregated and de-personalized so that personal information is not revealed.
6. Marketing Communications Choice and Opt-Out
We want to communicate with you only if you want to hear from us. You may choose to stop receiving our marketing emails by following the unsubscribe instructions included in these emails, updating your communications preferences in your membership account on our website or contacting us at the address, telephone number or email address set forth below. Please note however, that as a user of the service, you cannot opt-out of some administrative communications that are reasonably necessary to the service, such as billing or service notifications.
7. Targeted Advertising
We may share email addresses (in a hashed or de-identified form) that have been provided to us by our registered users, with network advertisers and ad exchanges (including SSNs), to serve targeted advertisements to you about our goods and services. We may work with third parties, such as network advertisers and ad exchanges that use tracking technologies on our websites in order to provide tailored advertisements on our behalf and/or on behalf of other advertisers across the Internet and we may use third party analytics service providers to evaluate and provide us and/or third parties with information about the use of these ads on third party sites and viewing of ads and of our content. Network advertisers are third parties that display advertisements, which may be based on your activities (including past visits to our websites) across the Internet and mobile media (“Targeted Advertising”).
Targeted Advertising (also known as Behavioral Ads) uses information collected on an individual’s web browsing behavior on one website (such as the pages they have visited or the searches they have made) in order to target advertising to that individual on another website. Targeting called Cross Device Tracking can also take place across devices such as tablets, smartphones, laptops and smart televisions. Third parties collect this information by placing or accessing cookies or other tracking technologies in your browser when you visit this, or other, websites.
Behavioral Ads enable us to target advertisements to you for products and services in which you have demonstrated an interest. If you object to receiving Behavioral Ads from us on third party sites, you can learn more about your ability to limit Behavioral Ads below. Our third party ad network and exchange providers, the advertisers and/or traffic measurement services may themselves set and access their own technologies on your device and track certain behavioral usage information via a device identifier. These third party technologies may be set to, among other things:
- help deliver advertisements to you that you might be interested in;
- prevent you from seeing the same advertisements; and
- understand the usefulness of the advertisements that have been delivered to you.
Statements regarding our practices do not apply to the methods for collecting information used by these third parties or the use of the information that such third parties collect. We make no representations regarding the policies or practices of third party advertisers or advertising networks or exchanges or related third parties.
While sites use a variety of companies to serve advertisements, you may wish to visit http://www.networkadvertising.org/optout_nonppii.asp, which provides information regarding this practice by Network Advertising Initiative (“NAI”) members, and your choices regarding having this information used by these companies, including the “opt-out” procedures of NAI members. Opting out of one or more NAI members only means that those NAI members will no longer receive any targeted content and/or ads. You may also opt-out of receiving Behavioral Ads on participating sites and services by visiting the Digital Advertising Alliance (“DAA”) website at http://www.aboutads.info/choices/rs no longer will be allowed under their own rules to deliver Behavioral Ads to you, but do. Please note, if your browsers are configured to reject cookies when you visit an opt-out page, or you subsequently erase your cookies, use multiple devices or change web browsers, your opt-out may not, or may no longer, be effective. We are not responsible for effectiveness of or compliance with any third parties’ opt-out options or programs. Additional options for opting out of target advertising include, without limitation:
- Facebook – https://www.facebook.com/settings/?tab=ads
- Twitter – https://help.twitter.com/en/safety-and-security/privacy-controls-for-tailored-ads
- Google – https://www.google.com/settings/ads/anonymous
- Bing – https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
- Digital Advertising Alliance – http://optout.aboutads.info/
- iPhone, iPad or Android mobile devices – You may have the ability to change your device settings to control whether you see online interest-based ads.
8. California Residents
The categories of personal information Guayakí collects about you:
- Identifiers such as name, email address, postal address, telephone number, and IP address
- Internet or other electronic network activity information such as your site activity
- Geolocation data such as if you enable location sharing or “Retail Locator” functionality on your mobile device
- Audio, electronic, visual, thermal, olfactory or similar information such as in the event you contact customer service, we may record the call
- Inferences such as recommendations of products based on your purchase or browsing history
The business or commercial purpose for collecting your personal information:
- we may use identifiers to communicate with you about your order, fulfill your order, send you marketing and promotional communications, respond to customer service requests or applications for employment, send you a newsletter and send product updates or warranty information
- we may use commercial information to send you marketing and promotional communications, display content based on your interests and conduct research and analysis
- we may use internet or electronic network activity information to improve our website and marketing efforts, and administer your account
- we may use geolocation data to display retail locations near you that sell our products
- we may use audio, electronic, visual, thermal, olfactory or similar information to respond to and manage customer service requests
- we may use inferences to display content based on your interests and send you marketing and promotional communications
The categories of third parties with whom we share your information
- we may disclose identifiers for business purposes to the following categories of third parties: Service Providers, law enforcement, courts, governments and regulatory agencies
- we may disclose commercial information for business purposes to the following categories of third parties: Service Providers, law enforcement, courts, governments and regulatory agencies
- we may disclose internet or electronic network activity information for business purposes to the following categories of third parties: Service Providers, law enforcement, courts, governments and regulatory agencies
- we may disclose geolocation data for business purposes to the following categories of third parties: Service Providers, law enforcement, courts, governments and regulatory agencies
- we may disclose Inferences for business purposes to the following categories of third parties: Service Providers, law enforcement, courts, governments and regulatory agencies
The categories of sources from which your personal information is collected
You, the consumer, when you provide us with personal information directly and when we collect it automatically based on your interactions with the Site
Other sources: third parties who provide services for us including payment service providers and publicly available sources such as public posts on social media platforms
If you reside in California, you may exercise the following rights:
- A right to disclosure of the categories of personal information collected by us
- A right to disclosure of the specific pieces of personal information collected by us
- A right to deletion of personal information by us (subject to certain Exceptions outlined below)
- A right to receive personal information in a format that will allow its transfer to third parties by you
- A right to opt-out of the “sale” of personal information, where a “sale” under the CCPA means “selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information to another business or a third party for monetary or other valuable consideration.”
- A right to sue for security breaches of personal information
Access to specific information and data portability rights
You have the right to request that we disclose to you your personal information we have collected about you over the past 12 months from the day of your request. Once we receive and confirm your request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business and commercial purposes for collecting or selling that personal information.
- The categories of third parties with whom we shared that personal information.
- The specific pieces of personal information we collected about you.
- If we “sold” or disclosed your personal information for a business purpose, up to two separate lists disclosing:
- if we “sold” your personal information, “sales”, identifying the personal information categories that each category of recipient “purchased”; and
- if we disclosed your personal information, disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion request rights
You have the right to request that we delete any of personal information data that we collected from you and retained, subject to certain Exceptions (as listed below). Once we receive and confirm your request, we will delete your personal information from our records unless an Exception applies.
We may deny your deletion request if retaining the information is necessary for us or our Provider(s):
- to complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
- to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- to debug products to identify and repair errors that impair existing intended functionality;
to exercise free speech, ensure the right of another consumer
- to exercise their free speech rights, or exercise another right provided for by law;
- to comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
- to engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
- to enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
- to comply with a legal obligation; or
- to make other internal and lawful uses of that information that are compatible with the context in which you provided it (each an “Exception” and collectively, “Exceptions”).
Right to Opt-out
We do not generally sell personal information we collect. However, the CCPA defines a “sale” to mean the “selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration.” Where the term “sale” under the CCPA is interpreted to include commonly utilized advertising technology activities such as those implemented for certain targeted advertising by companies like Facebook and others, we may be considered to be “selling” certain personal information by utilizing such advertising technologies. We will comply with applicable laws pertaining to such activities and California Residents may opt-out of any such “sales” by following the unsubscribe instructions found in any email we send, or by sending us an email to firstname.lastname@example.org.
In order to exercise your CCPA rights, you may also call us at 888-482-9254 or email us at email@example.com with a subject line of “Please Opt-out.”
These rights are subject to certain Exceptions as well as certain steps we must take to verify your identity, such as sending email verification to the contact information provided in your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- deny you goods or services.
- charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- provide you a different level or quality of goods or services.
- suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may still offer you certain financial incentives that can result in different prices, rates or service quality levels as permitted by the CCPA. We do not at this provide such financial incentives.
Exercising Access, Data Portability and Deletion Rights
To exercise your rights described above, please submit a request to us by either:
- (888) 482-9254
Only you, or someone legally authorized to act on your behalf, may make a request related to your personal information. You may also make a request on behalf of your minor child. 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 the personal information relates to you.
You may only make a request for access or data portability twice within a 12-month period. The 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.
Making a request does not require you to create an account with us. Also, we will only use personal information provided in a request to verify the requestor’s identity or authority to make the request.
Your Authorized Agent
You have the right to designate an authorized agent to make a request under the CCPA on your behalf.
Response Timing and Format
We will confirm that we received your request within ten (10) days and will respond within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.
We will deliver our written response electronically or, at your option, by mail. Any disclosures we provide will only cover the 12-month period preceding our receipt of the request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
9. EU Residents
If you are an EU resident, you may benefit from a number of rights in relation to your information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your personal information, you can do so by contacting us. Upon request, we will provide you with information about whether we hold any of your personal information. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your personal information. In certain circumstances, you also have the right to request the deletion of your personal information, and to obtain a copy of your personal information in an easily accessible format.
To the extent that such rights are mandated by the laws applicable to the individual data subject, such as all data subjects residing in the European Union (“EU”), the following rights may apply:
- the right to access (GDPR, Article 15);
- the right to rectification (GDPR, Article 16);
- the right to erasure (GDPR, Article 17);
- the right to restrict processing (GDPR, Articles 18);
- the right of object (GDPR, Article 21);
and if applicable,
- the right to data portability (GDPR, Article 20).
- You may also have a right to lodge a complaint with an appropriate data privacy regulatory authority (GDPR, Article 77).
If we process your information based on our legitimate interests as explained in this policy, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing of your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing purposes, you can always object using the unsubscribe link in such communications.
Where you have provided consent to certain data processing, you have the right to withdraw that consent at any time by contacting us at firstname.lastname@example.org. A withdrawal of consent will not affect the validity of our use of your personal information up until the point you have withdrawn your consent.
If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may contact us using the information above.
10. Data retention
We store your data as long as it is necessary for the processing purpose in question. Please note that a number of legally imposed retention periods require data to be stored for extended periods. This relates in particular to commercial or fiscal retention obligations. Unless there are further retention requirements, the data will be routinely deleted after use.
In addition, we may retain the information if you have given us your permission to do so, or in the event of legal disputes and we use evidence within the statutory limitation periods.
11. Data security
The security of your personal information is important to us. We make commercially reasonable efforts to secure and protect the privacy, accuracy, and reliability of your information and to protect it from loss, misuse, unauthorized access, disclosure, alteration, and destruction. We have implemented security measures consistent with industry standards. As no data security protocol is impenetrable, we cannot guarantee the security of our systems or databases, nor can we guarantee that personal information we collect about you will not be breached, intercepted, destroyed, accessed, or otherwise disclosed without authorization. Accordingly, any information, including your personal information is provided by you at your own risk.
12. Other providers
The Services may also contain links to the websites of other companies. Where links to other providers are available, we have no influence as to their content. As a result, no guarantee and liability can be assumed for this content. The content of these pages is always the responsibility of the respective provider or operator of the pages.
13. Online offerings for children
We do not collect any information from children. Persons under the age of 16 are not permitted to submit any personal information to us without the consent of the legal guardian or a declaration of consent. We encourage parents and guardians to actively participate in the online activities and interests of their children.
14. Opting-out of communications
Users may opt-out of receiving certain communications from us by following the unsubscribe process described in email communication or by contacting us using the contact information provided above. However, please note you may not opt-out of Services-related communications, such changes or updates to features of the Services, or technical and security notices.