TERMS & CONDITIONS

Terms of Use

(Updated & Effective March 2022)

INTRODUCTION AND ACCEPTANCE

Guayakí Sustainable Rainforest Products, Inc. (“Company”, “we”, “us and “our”) offers you access to its interactive online websites, applications and services. These Terms of Use, together with our Privacy Policy and any additional terms which might apply to certain products or services, govern your use of our websites (“Website”), products, or any of our mobile widgets, services or other applications (“Applications”) – together, our “Services”. Our Services include shop.guayaki.com, communitynetwork.guayaki.com, guayaki-community.myshopify.com, and all other locations on which we place these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. BY USING ANY OF OUR SERVICES (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION TITLED “AMENDMENT; ADDITIONAL TERMS” SECTION BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OUR SERVICES.

INTELLECTUAL PROPERTY

Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services and all intellectual property rights to the same, including, without limitation, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned by us, our licensors, our affiliates, or identified third parties (collectively, the “Service Content”). Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in our Services or any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

ACCESS AND USE

We may offer certain portions of our Services at no charge (e.g., Websites) and others (e.g., Applications) for a one-time fee, on a subscription basis, or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted a limited license to use our Services. In addition, the license to use any of our paid Services does not necessarily transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). For example, unless we specifically tell you otherwise, the use of any of our Applications is limited to the relevant device and/or operating system you are using at the time you are granted the license to use the Application.

Third-Party Terms:

IN CERTAIN INSTANCES, YOUR USE OF AN APPLICATION, OUR WEBSITE, OR OTHER SERVICES MAY BE SUBJECT TO YOUR AGREEMENT TO CERTAIN THIRD-PARTY PRIVACY OR OTHER TERMS. IN SUCH INSTANCES, WE WILL PROVIDE YOU NOTICE OF THIS IN THE PRIVACY POLICY OR OTHER APPLICABLE TERMS POSTED IN THE SERVICE. BY USING THE APPLICABLE SERVICE, YOU AGREE TO ALL SUCH THIRD-PARTY TERMS.

Without limiting the foregoing, you acknowledge and agree that the availability of our Applications and related Services are dependent on the third-party from whom you received the Application license, e.g., the Apple iTunes, Google Play, or other App stores (“App Store”). You acknowledge that these Terms of Use are between you and Company and not with the App Store. Company, not the App Store, is solely responsible for its Services, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use our Applications, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the applicable Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using our Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms of Use and will have the right to enforce them.

Our Services are provided for your personal, non-commercial use only. You acknowledge that Company reserves the right to discontinue the Services, in whole or in part, at any time. When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, trademark and copyright law. Except as expressly permitted in these Terms of Use or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its applicable owner. In certain instances, we may suggest, ask, or otherwise permit you to download, install and/or print Service Content (e.g., product information). In such a case, you may do so only in the manner authorized and for your non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing or printing Service Content.
Furthermore, except as expressly permitted in these Terms of Use, you may not:

  • remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;
  • circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;
  • use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Service Content for any purpose without our express written permission. Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases;
  • collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, user names, passwords, and email addresses;
  • solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
  • attempt to gain unauthorized access to, or interfere with the proper working of our Services, the server on which the Services are stores, or any server, computer, or database connected to the Services, or impair, overburden, or disable the same;
  • decompile, reverse engineer, or disassemble any portion of our software or other Service Content, or our Services;
  • use network-monitoring software to determine architecture of or extract usage data from our Services;
  • encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Account (as defined below));
  • violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
  • engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.

You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

You understand and agree that your use of the Services and/or Service Content while operating a motor vehicle (or during any other activity that requires your attention) may be distracting, dangerous, or prohibited by law. You are solely responsible for your exercising good judgment, acting in a safe and responsible manner, and obeying all laws and regulations at all times. You understand that failing to pay full attention in the operation of a vehicle or in other activities may cause an accident, damage, injury, death, or other serious consequences. You assume sole responsibility for your use of the Services and Service Content.

USER REGISTRATION

IN ORDER TO ACCESS OR USE SOME FEATURES OF OUR SERVICES (ONLINE ORDERING, COMMUNITY, etc.) YOU MAY HAVE TO BECOME A REGISTERED USER. IF YOU ARE UNDER THE AGE OF THIRTEEN (13) THEN YOU ARE NOT PERMITTED TO REGISTER AS A USER OR OTHERWISE PROVIDE US ANY PERSONAL INFORMATION. SOME FEATURES OF THE SERVICES MAY REQUIRE A MINIMUM AGE OF EIGHTEEN (18) YEARS OLD TO ACCESS SUCH SERVICES.

If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (an “Account”). You are solely responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity. You agree to contact us immediately at info@guayaki.com if you become aware of any breach of security or unauthorized use of your Account.

Ambacebador Network. From time to time, we may offer users the opportunity to become a member of the Guayaki Ambacebador Network. The Ambacebador Network is a community for Guayakí Yerba Mate enthusiasts to connect and experience the Guayakí brand together. As a member of The Ambacebador Network (an “Ambacebador”), you have the opportunity to connect and engage with other Ambacebadors both (i) within the Guayakí Ambacebador App; and (ii) in person at local meet-ups and other events organized for Ambacebadors by Guayakí employees.

To apply to become an Ambacebador, you must complete an application form (available at guayaki.com/join-our-community). Upon receipt of your application, we will send you an email with additional questions for you to complete. We will then review your application materials and determine if a follow-up interview is necessary. As applicable, we will send an invitation for a virtual interview to the email address associated with your application materials. The virtual interview will not be recorded. All information you share with us during your application process (including, without limitation, in any form, document, or in the virtual interview) will be used in accordance with our Privacy Policy.

If, after the application and interview process is complete, you are selected as an Ambacebador, you will receive an email with your access code to access the Guayakí Ambacebador App.

USER CONTENT

We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services (collectively, “submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.

You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.

You represent, warrant, and covenant that you will not submit any User Content that:

  • (i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
  • (ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law;
  • (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
  • (iv) is an advertisement for goods or services or a solicitation of funds;
  • (v) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
  • (vi) contains a formula, instruction, or advice that could cause harm or injury; or
  • (vii) is a chain letter of any kind;

Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted.

By submitting User Content to us, simultaneously with such posting you automatically grant, or represent or warrant that the owner has expressly granted, to us (and, to the extent necessary to provide services to us, our licensors and licensees) a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our affiliates, licensees, assignees, successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of our Services and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims you (or any copyright holder) may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.

By submitting User Content, you also grant us (and, to the extent necessary to provide services to us, our licensors and licensees) a worldwide, perpetual, irrevocable, fully sublicensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the User (all attributes, collectively, per person, a “Persona”), including, without limitation, your name and geographical location (e.g., “Fred P. – Wyoming, OH”), for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law. Our uses of your Persona will be consistent with the terms of our Privacy Policy, where it is applicable.

Notwithstanding the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners, marketing partners, accounts, and third-party service providers (including their downstream users).

We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.

UNSOLICITED IDEAS

While Company constantly strives to improve its products, services, technology and promotional techniques, we must take steps to ensure our own ability to innovate. As such, it is Company’s policy not to accept, review, or consider any unsolicited ideas, products, works, materials, proposals, artwork, content or the like (“Submissions”) from anyone other than our employees, agents, and our existing suppliers and contractors. If you nevertheless provide us a Submission, then regardless of what your Submission says, you unconditionally agree that: (A) you acknowledge and agree that Company may separately develop content substantially similar to the Submission and you expressly waive any and all rights in such Submissions and any claim against us related to or arising out of such Submissions; ; (B) Company can use, reproduce, disclose, publish and distribute the Submissions for any purpose whatsoever, without restriction and in any way; (C) there is no obligation for Company to review the Submissions; and (D) there is no obligation to keep any Submissions confidential.

PROMOTIONAL OFFERS

All promotional offers, sweepstakes, contests, giveaways, and other promotions (“Promotions”) we may offer from time to time are subject to these Terms and any supplemental terms we disclose. Generally, with or without notice, we reserve the right to modify, suspend, cancel, or terminate any Promotion in appropriate circumstances, including to extend or resume the stated entry period, disqualify any participant or entry, or award prizes in an alternate manner. You are responsible for all costs, expenses or taxes associated with your participation and/or receipt of any prizes or awards. We may condition your participation or receipt of a prize/award on the execution of a release and/or other agreements. By accepting a prize or award, you automatically consent to and grant us the right to use of your name, image, likeness, statements, biographical information and other information about you for publicity, advertising and promotional purposes, all without additional permission from or compensation to you.

SERVICE CONTENT & THIRD-PARTY LINKS

We provide our Services including, without limitation, Service Content for educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.

The products displayed on our Website and/or Apps may not be available everywhere. Product availability is subject to change without notice and may vary. All prices are quoted in U.S. Dollars. Company reserves the right to modify or discontinue, at any time, some or all of the products.

Any health-related Service Content available is not intended to be a substitute for professional medical advice. Company does not warrant the validity of any such health-related statements found on or through our Services. All such information is general in nature and may be helpful to some persons but not others, depending upon their personal needs. You should always consult with your physician prior to changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on or through our Services.

Service Content may include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant, and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.
Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

INDEMNIFICATION

You agree to indemnify and hold harmless Company and its officers, directors, employees, parents, partners, successors, agents, licensors, licensees, distribution partners, affiliates, subsidiaries, and their related companies (collectively, the “Company Parties”) from and against any and all third-party claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of our Services; (ii) User Content provided by you or through use of your Account; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

DISCLAIMER OF WARRANTIES; RELEASE

(A) YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY PARTIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR SERVICES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; (6) WARRANTIES THAT YOUR USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN OUR SERVICES OR SERVICE CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED.
(B) BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

LIMITATION ON LIABILITY

UNDER NO CIRCUMSTANCES SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SERVICES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR YOUR USE OR INABILITY TO USE OUR SERVICES, OR YOUR DISSATISFACTION WITH OUR SERVICES INCLUDING, WITHOUT LIMITATION, SERVICE CONTENT IS TO STOP USING OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF GOODS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SERVICES OR ANY LINKS PLACED IN OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY USING OUR SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF THE COMPANY PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY US DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

‌ TERMINATION

We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your use of our Services for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Company is not liable to you or any third party for any termination or suspension of your Account or for blocking your use of our Services.
Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Account or these Terms of Use shall survive including, but not limited to, the intellectual property rights of Company or its licensors, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions in the Section titled “MISCELLANEOUS”.

COPYRIGHT POLICY

(A) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Account of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.

(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Guayakí Sustainable Rainforest Products, Inc.
Attn: Copyright
6782 Sebastopol Ave.
Suite 100
Sebastopol, CA 95472
Email: copyrightnotices@guayaki.com

(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

CHOICE OF LAW; JURISDICTION AND VENUE

These Terms of Use shall be construed in accordance with the laws of the State of California without regard to its conflict of laws rules. Any permitted court legal proceedings against Company (i.e., those not subject to Mandatory Arbitration, as provided below) that may arise out of, relate to, or be in any way connected with our Website, Applications or other Services, or these Terms of Use, shall be brought exclusively in the state and federal courts in the County of Sonoma or the United States District Court for the Northern District of California. You waive any jurisdictional, venue, or inconvenient forum objections to such courts.

DISPUTE RESOLUTION & MANDATORY ARBITRATION

We each agree to first contact each other with any disputes regarding the Services (a “Dispute”) and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with Disputes by contacting us at info@guayaki.com. We will contact you based on the contact information you have provided us.

If after 30 days the parties are unable to resolve any Dispute raised under the previous provision, the Dispute may only be submitted to arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate Disputes through a court and to have a judge or jury decide their case, but they choose to have any Disputes resolved through arbitration.

We each agree that any claim or Dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by Judicial Arbitration and Mediation Services, Inc.(“JAMS”) applying California law under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810.

We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Notwithstanding anything to the contrary, nothing shall prohibit Company from seeking injunctive or other equitable relief. Further, as set forth below, we each agree that any arbitration will be solely between you and Company, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the classwide dispute must be brought in court.

NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

NO TRIAL BY JURY

O THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

AMENDMENT; ADDITIONAL TERMS

We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Services generally, unique of our Services, or both (“Additional Terms”). To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website, notification by email or through any of our Applications. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. Your access and use of our Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Services and, if applicable, terminate your Account.

YOUR COMMENTS AND CONCERNS

The Services are operated by:

Guayakí Sustainable Rainforest Products, Inc.

6782 Sebastopol Ave

Suite 100

Sebastopol, CA 95472

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to info@guayaki.com or at 888-482-9254.

MISCELLANEOUS

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force.

Where we have provided you with a translation of the English language version of these Terms of Use, our Privacy Policy or Additional Terms, you agree that the translation is provided for your convenience only and that the English version governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions.

These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter

You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.

Privacy Policy

Effective: March 2022

We respect your privacy and are committed to protecting it through our compliance with this policy. This privacy policy provides comprehensive information regarding how Guayaki, Inc. (“Guayaki”) collects, uses, and shares your personal information. It applies to your use of Guayaki’s websites, including shop.guayaki.com, communitynetwork.guayaki.com, guayaki-community.myshopify.com, mobile applications, and other online services (“Services”) and describes Guayaki’s privacy practices relating to the Services. Please note that the Services collect information that identify, relate to, describe, reference, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”).

Before accessing, using, or interacting with the Services, you should carefully review the terms and conditions of this privacy policy. Your use of the Services is further governed by our Terms of Use, located at Terms of Use, which is also incorporated into your agreement with Guayaki by this reference. If you disagree with this privacy policy, do not access or use our Services or interact with any other aspect of our business.

Contact information:
Guayaki
6782 Sebastopol Ave, Suite 100
Sebastopol, CA 95472
888-482-9254
privacy@guayaki.com

2. Limitations
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 privacy@guayaki.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 privacy@guayaki.com.

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 privacy@guayaki.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 fulfill. 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:

Cookies: Certain Services may use cookies. These are used to make our offering more user-friendly, effective, and more secure. These cookies enable us to analyze how users use our website. We may use both session cookies and permanent cookies. The session cookies are automatically deleted after your visit. Permanent cookies are automatically deleted from your computer when their expiry date is reached or when you delete them yourself before the expiry date. Most web browsers accept cookies automatically. You can usually change your browser’s settings if you would prefer not to send the information. Please note, however, that some of the website’s features may not function properly if you disable cookies.

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 Analytics: We use Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google uses cookies. The information generated by the cookie on the use of our content by the users is usually transmitted to a Google server in the USA and stored there.

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
We use the information we receive about you to provide the Services and for the purposes described in this privacy policy. We generally process personal information received about you through our Services on the legal basis of our legitimate interests in providing the Services and as necessary to provide you with our Services. Where appropriate, we may rely on alternate legal bases, such as your consent to certain types of processing. We use your data to:

  • 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
  • enforcing legal claims, including investigation of potential violations of applicable Terms of Use
  • when we’re complying with legal obligations

To stay in touch with you: We use information you have provided to us to stay in touch with you and keep you informed about Services-related activities. We may use this information to communicate with you, for example new program, product, or services information. Communication can be via email, telephone calls, and postal mail. If you wish to stop receiving promotional email materials, follow the unsubscribe instructions at the bottom of each email. There are certain service notification emails that you may not opt-out of, such as notifications of changes to our Services, Terms of Use, or policies.

5. How we share your personal information
We share your personal information with your consent, to complete a requested transaction initiated by you, to provide a service you requested or authorized, and as otherwise disclosed in this privacy policy. We may also share data with our affiliates and subsidiaries; with vendors working on our behalf; when required by law or to respond to legal process; to protect our customers; to maintain the security of our products and services; and to protect our rights or property.

We will only share your data with third parties as described in this privacy policy, within the scope of applicable law, or with the appropriate consent. Otherwise, it will not be shared with third parties unless we are obliged to do so due to mandatory legal regulations (disclosure to external bodies such as law enforcement authorities in the United States).

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.

To respond to safety and lawful requests: We may be required to disclose your information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We generally do not disclose user information unless we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. We may share your information when we believe it is necessary to comply with applicable laws, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Services or using our name, or to protect the safety of any person. This may include sharing information with other companies, lawyers, agents, or government agencies. Nothing in this privacy policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s request to disclose your information.

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/
  • Digital Advertising Alliance’s Canadian page: https://youradchoices.ca/en/tools
  • 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
Effective on January 1, 2020, the California Consumer Privacy Act (CCPA) provides consumers (California residents) with specific rights regarding their personal information. This Section applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We have adopted this Section to comply with the CCPA, and to supplement the information contained in the preceding sections of this Privacy Policy.

The categories of personal information Guayaki 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 Service Providers.

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:

  1. A right to disclosure of the categories of personal information collected by us
  2.  A right to disclosure of the specific pieces of personal information collected by us
  3. A right to deletion of personal information by us (subject to certain Exceptions outlined below)
  4. A right to receive personal information in a format that will allow its transfer to third parties by you
  5. 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’
  6. 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:
    • 1 if we “sold” your personal information, “sales”, identifying the personal information categories that each category of recipient “purchased”; and
    • 0 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 privacy@guayaki.com.

In order to exercise your CCPA rights, you may also call us at 888-482-9254 or email us at privacy@guayaki.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.

Non-Discrimination
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
privacy@guayaki.com

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. 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.

10. 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.

11. 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.

12. 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.

13. Canadian residents
We comply with applicable Canadian privacy laws and regulations, including the Personal Information Protection and Electronic Documents Act (PIPEDA), in connection with processing Canadian personal information.

We will only use your personal information for the purposes described in this privacy policy unless (1) we have obtained your consent to use it for other purposes; or (2) we are otherwise permitted or required by applicable law to use it for such other purposes.

A. Transferring your personal information outside of Canada

We may transfer personal information that we collect, or that you provide, to third parties (including affiliates, service providers and others) as described in sections 5, 6, and 7 above.

We may process, store, and transfer your personal information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law, such as to the United States. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country.
You are welcome to contact us if you have questions regarding the collection, use, disclosure or storage of personal information by our service providers and affiliates outside Canada, and/or to obtain access to written information about our policies and practices with respect to service providers (including affiliates) outside Canada.

For questions about our privacy practices, please contact privacy@guayaki.com as directed in the Contact Information section of this policy.

B. Data Retention
Your personal information will be kept in Canada and the United States and accessible to our employees and service providers who have a “need to know” such information for the purposes described in this privacy policy.

Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes for which we collected it, and/or for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize your personal information so that it can no longer be associated with you, either directly or indirectly, alone or in combination with any other information. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

C. Accessing and correcting your personal information

By law you have the right to request access to and to correct or rectify the personal information that we hold about you, subject to certain exceptions as required or permitted by applicable law.

You can review and change your personal information by logging into your account and visiting the pages that correspond to the information you want to review and change.

If you want to access, review, verify, correct, rectify, update, or withdraw consent to the collection, use or disclosure of your personal information you may also contact us as directed in the Contact Information section of this policy to make such a request.

We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons, subject to any legal or regulatory restrictions.

We will provide access to your personal information, subject to exceptions set out in applicable privacy legislation. Examples of such exceptions may include (without limitation):

  • Information protected by solicitor-client privilege.
  • Information that is part of a formal dispute resolution process.
  • Information that would reveal the personal information or confidential commercial information of another person.
  • Information that is prohibitively expensive to provide.

If you are concerned about our response or would like to correct the information provided, you may contact us as described in the Contact Information section of this policy.

14. Changes to our privacy policy
We may modify this privacy policy from time to time. The most current version of this privacy policy will govern our use of your information. We will notify you of material changes to this policy by posting a notice at the website or by emailing you at an email address associated with you, if applicable, and provide an “at a glance” overview of any changes.

ACCESSIBILITY POLICY

Gauyakí Sustainable Rainforest Products, Inc. seeks to lower the technical barriers to accessibility on our website, mobile applications and other digital platforms (collectively, “Digital Platforms”) for persons with disabilities.  We understand that individuals with varying disabilities may seek information on our Digital Platforms, and it is our goal to provide such individuals access to the content, features and functionality available through our website.

With the above in mind, we have taken a number of steps to make our Digital Platforms accessible. In addition, we will continue to implement commercially reasonable changes to improve accessibility to the content, features and functionality of our Digital Platforms.

If you are unable to access any content, feature or functionality available on or through our Digital Platforms, please email us at info@guayaki.com or call us at 888-482-9254.  We will make reasonable efforts to address the problem, which may include providing you an alternative method(s) for obtaining the content, accessing the functionality or features, and/or fulfilling your request.

GUAYAKÍ ACCESSIBILITY POLICY