TERMS & CONDITIONS

Terms of Use

Effective: July 2021

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and Guayakí (“Guayakí”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of Guayakí’s websites, and all other online services offered by Guayakí (collectively, the “Services”).

Please read these Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, located [ Privacy Policy ] , incorporated herein by reference (the “Privacy Policy”). If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

By using the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet all other eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

Notice Regarding Dispute Resolution: These Terms of Use contain provisions that govern how disputes between you and Guayakí are resolved, including an agreement to arbitrate, which may require you to submit claims you have against us to binding and final arbitration and limit you to claims against Guayakí on an individual basis.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Services thereafter.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Services so you are aware of any changes, as they are binding on you.

‌ 3. Accessing the Services and Account Security

We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

You are responsible for:

making all arrangements necessary for you to have access to the Services.
ensuring that all persons who access the Services through your Internet connection are aware of these Terms of Use and comply with them.

To access the Services or some of the resources Guayakí offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

‌4. Returns

We hope that you love our products, but we understand that sometimes things just don’t work out. Because of the nature of the product, we can accept returns for damaged or defective goods only. To inquire about a damaged or defective good return please reach out to our Customer Support team at 888-482-9254 or info@guayaki.com After we receive your returned items, we will process your refund onto your original form of payment. Please allow up to 10 business days from receipt of your returned item(s) for your refund to post.

Please note, we only accept returns for eligible products purchased directly on Guayakí.com. We have great relationships with our retailer partners and if you would like to return a product purchased from one of our retailers, please contact them directly for assistance and information regarding their return policy. All products sold by third parties are covered by that merchant’s return policy.

Our products are designed with love and care. If you are unsatisfied with your product for any reason we want to hear from you, even if you purchased from a third party. Please contact our Customer Support team at 888-482-9254 or info@guayaki.com and a customer service representative will answer your questions between 8:30 am – 4:30 pm PST Monday through Friday, except holidays.

5. User Content

Any software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos and other data (collectively, the “Content”) that you upload or otherwise make available (“User Content”) in the Services is and remains your sole property or the property of your licensors. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted Guayakí, the perpetual royalty-free, non-exclusive right and license to use, reproduce, modify, publish, distribute, perform, display and transmit the User Content on the Services. You also permit any other user of the Services to access, view, store and reproduce the User Content to the same extent permitted herein.

As a condition of submitting reviews and comments to the Services (“Submission Content”), you agree that:

  • you grant to Guayakí a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sub licensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Submission Content into other works;
  • you grant to Guayakí all rights necessary to publish or refrain from publishing your name and address in connection with your Submission Content; sublicense through multiple tiers the Submission Content, and acknowledge that this license cannot be terminated by you once your Submission Content is submitted to the Services;
  • you grant to Guayakí all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Submission Content by any other party;
    your name and other information may be made available to the public and to the Service Providers;
  • you represent that you own or have secured all legal rights necessary for the Submission Content submitted by you to be used by you, Guayakí, and others as described and otherwise contemplated in these Terms of Use;
  • you represent and warrant that each person identified, depicted, or shown in in your Submission Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Submission Content consistent with these Terms of Use;
  • you are solely responsible and liable for your reviews and ratings;
    you will not submit any reviews that may be considered by Guayakí to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
  • all of your reviews and ratings will either be based upon your actual first-hand experiences;
  • all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
  • you have not received any form of compensation to post reviews and ratings;
  • you will not submit reviews that comment on other users or the reviews of other users;
  • you will not submit reviews with hyperlinks; or
  • the reviews and ratings that you provide do not reflect the views of Guayakí, its officers, managers, owners, employees, agents, designees or other users.

6. Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Guayakí, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

  • your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • you may store files that are automatically cached by your Web browser for display enhancement purposes.
  • you may print or download one copy of a reasonable number of pages of the website (or any other Guayakí content that is accessible via the Services) for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.

You must not:

  • modify copies of any materials from the Services.
  • use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Guayakí. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

‌a) Trademarks

The Guayakí name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Guayakí or its affiliates or licensors. You must not use such marks without the prior written permission of Guayakí. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

b) Copyright

You acknowledge that the Services, any underlying technology used in connection with the Services, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos and other data (collectively, the “Content”) available within the Services are provided by Guayakí or third-party providers and are the copyrighted works of Guayakí and/or such third parties. Except as expressly authorized by Guayakí or such third parties in these Terms of Use or as may be posted on the Services, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part. You may not store any significant portion of any Content or the Services owned by, or licensed to Guayakí in any form, whether archival files, computer- readable files, or any other medium. You also may not “mirror” any Content or the Services on any other server.

c) Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the Services:

  • to copy, frame or mirror any part of the Services.
    in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or Services to and from the US or other countries).
  • for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
    to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • to impersonate or attempt to impersonate Guayakí, an owner or employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
    to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services or expose them to liability.

Additionally, you agree not to:

  • use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
  • use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
  • use any device, website, or routine that interferes with the proper working of the Services.
  • introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
    attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
  • attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • otherwise attempt to interfere with the proper working of the Services.

d) Monitoring and Enforcement; Termination

We have the right to:

  • take any action with respect to any user contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such user contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Guayakí.
  • disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS GUAYAKÍ AND ITS AFFILIATES, OWNERS, EMPLOYEES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

7. Reliance on Information Posted

We do not warrant the accuracy, completeness, or usefulness of any information provided on or via the Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Guayakí. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY SERVICE OR ENSURING THE CONTINUED OPERATION OF OUR SERVICES AS A RESULT OF CHANGES BY A THIRD PARTY.

‌ 8. Changes to the Services

We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

‌ 9. Information About You and Your Visits to the Services

All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

‌ 10. Linking to the Services and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent.

The Services may provide certain social media features that enable you to:

  • link from your own or certain third-party websites to certain content on the Services.
  • send emails or other communications with certain content, or links to certain content, on the Services.
  • cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • establish a link from any website that is not owned by you.
  • cause the Services or portions of it to be displayed on, or appear to be displayed by, any other website, for example, by framing, deep linking, or in-line linking.
  • link to any part of the Services other than the homepage.
  • otherwise take any action with respect to the materials on the Services that are inconsistent with any other provision of these Terms of Use.

The Services from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

‌ 11. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data.

THE LAWS OF CERTAIN JURISDICTIONS, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.

YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GUAYAKÍ NOR ANY PERSON ASSOCIATED WITH GUAYAKÍ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER GUAYAKÍ NOR ANYONE ASSOCIATED WITH GUAYAKÍ REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, GUAYAKÍ HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

‌ 12. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL GUAYAKÍ, ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OWNERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GUAYAKÍ, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

‌ 13. Indemnification

You agree to defend, indemnify, and hold harmless Guayakí, its affiliates, licensors, and service providers, and its and their respective officers, directors, owners, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of, or inability to use, the Services, including, but not limited to, your user contributions, and any use of the Services’ content, services, and products or your use of any other information obtained from the Services.

‌ 14. Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use shall be instituted exclusively in a state or federal court of competent subject matter jurisdiction sitting in the County of Sonoma in the State of California or in the United States District Court for the Northern District of California (although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country). You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

‌ 15. Arbitration

At Guayakí’s sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use, including disputes arising from or concerning our interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration in California under the Rules of Arbitration of the American Arbitration Association applying in California law.

16. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17. Waiver and Severability

No waiver by Guayakí of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Guayakí to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

‌ 18. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

‌ 19. Your Comments and Concerns

The Services are operated by:

Guayakí

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.

Privacy Policy

Effective: July 2021

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. (“Guayakí”) collects, uses, and shares your personal information. It applies to your use of Guayakí’s websites, mobile applications, and other online services (“Services”) and describes Guayakí’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 Guayakí 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:

Guayakí

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 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:

Cookies: Certain Services may uses 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/
  • 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 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
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:
    • 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 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. 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 privacy@guayaki.com. 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.

15. 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.