Privacy Policy

MYELLE™ WELLNESS, INC. PRIVACY POLICY

This Privacy Policy (“Privacy Policy”), effective as of 26 May 2020 (“Effective Date”), explains how MyElle™ Wellness, Inc. (“MyElle™,” the “Company,” “us,” “we,” or “our”) collects and uses information when You and customers or potential customers interact with the Company. Any capitalized and undefined terms herein have the same meaning as defined in the Company’s Terms of Website Use and Product Purchase, located at www.MyEllebVibe.com/Terms; the Privacy Policy is located at www.myellevibe.com/PrivacyPolicy. This Privacy Policy applies to all users of the Company’s Website and any other websites with the Company’s branding that link to this Privacy Policy, including but not limited to: any other websites, mobile applications, or links which reference this Privacy Policy.

If You do not agree with the Company’s Privacy Policy as set forth below, please do not purchase a product from the Company and cease using this Website. By continuing to use this Website and/or purchasing a product from this Website, You consent to and agree to be bound by the terms of this Privacy Policy. Furthermore, Your continued use of this Website and purchase of any Company product is subject to the Company’s then-applicable Terms of Website Use and Product Purchase. Please contact the Company if You have any questions or comments about this Privacy Policy or the practices therein. You may contact us by sending a written request pursuant to the methods of providing notice to the Company as set forth in the section of this Privacy Policy entitled “Notice.”

Online Privacy Policy Only

This Privacy Policy applies only to information collected through the Website(s) referenced herein and does not apply to information collected offline in other interactions with the Company or its subsidiaries, affiliates, or partners.

Types of Personally Identifiable Information Collected

The Company will only collect personally identifiable information when You provide it in connection with a request for a product, service, or information. You may browse this Website without providing any personal information; however, if, for example, You decide to place an order, we will ask You for Your name, delivery and billing address, phone number(s), email address, credit card number and its expiration date. If You choose to use and submit information through this Website for any of the aforementioned purposes, we may ask You for information such as Your contact information (e.g., name, email address and mailing/address), age group, or birth date. Occasionally, we may also ask You for other information and information about Your prior experiences with the Company's products. When You submit Your personally identifiable information on this Website, You are giving Your consent to the collection, use, and disclosure of Your personal information as set forth in this Privacy Policy. Specifically, the following information may be collected from You:


  • First Name and Last Name
  • Business/Entity Name
  • Email Address
  • Phone Number page1image58229888
  • Shipping Address
  • Billing Address

    This information constitutes Personal Information and is subject to this Privacy Policy. From time to time, the Company may also supplement Personal Information with information collected from third parties, including demographic information about Your interests and similar information that third parties have collected from other sources, for the purposes to validate the accuracy of Your information, to better understand You and provide You with targeted advertising, and to otherwise improve the delivery of products to You.

    We may also collect, store or accumulate certain non-personally identifiable information concerning Your use of this Website, such as information regarding which of our pages are most popular, Your IP address, browser, city, time zone, referring URL, and operating system. Information gathered may be used in aggregate form for internal business purposes, such as generating statistics, developing marketing plans, customizing content, and improving this Website. We may share or transfer such aggregate, non-personally identifiable information with or to our affiliates, licensees, and partners.

    How Information is Collected

    MyElle™ asks for You to submit Your Personal Information through this Website during the purchase process of Company products, the registration of Company products for warranty purposes, and/or for marketing and promotional purposes from time to time. The Company does not otherwise collect or request Personal Information; if You do not wish for Your Personal Information to be collected by the Company, then do not submit any of your Personal Information to us through this Website.

    How The Company Uses Personal Information

    Your Personal Information is used to ensure the accuracy of information to ensure order fulfillment and delivery and to help manage, track, and respond to warranty requests for registered products. The Company and its affiliates and subsidiaries may also use Personal Information that You provide to fulfill any requests for information and to create and deliver to You our newsletters or surveys, communications containing product information, promotions, or to customize visitors' user-experience at this Website. We do not and will not sell any of Your data to any third party.

    Disclosure of Information

    The Company may share Your Personal Information as required by law or permitted by law as described below:

    • With affiliated companies, such as subsidiaries and other companies owned or controlled by or under common ownership or control with the Company, affiliates, and partners, who may only use the Personal Information for the purposes described in this Privacy Policy;
    • With service providers of the Company to the extent necessary for the Company to carry out its services;
    • To effect a merger or acquisition or otherwise support a sale or transfer of business assets;
    • In compliance with any laws, court orders, or when required to do so by law, such as in response to a subpoena, reporting requirement, or similar legal process, including to law enforcement agencies, regulators, and courts in the United States;
    • With third parties that run advertising campaigns, contests, special offers, promotions, or other events or activities on the Company’s behalf in connection with any products or services.

    The Company may also disclose information about You that is not personally identifiable, such as aggregated statistical information about the Company’s customers.

    Cookies and Related Technologies

    We use various technologies to collect information when You access or use this Website, including placing a piece of code, commonly referred to as a “Cookie,” or similar technology on Your device and using web beacons. Cookies are small data files that are stored on Your hard drive or in Your device memory when You visit a website or view a message. We use these to monitor the performance of this Website, measure its effectiveness, tailor our products, and advertising to suit the personal interests of You and others, estimate our audience size, assist our online merchants to track visits to and sales at this Website and to process Your order, track Your status in our promotions, contests, and sweepstakes, and/or analyze Your visiting patterns. We will begin collecting information about You, or from activity on devices, You use as soon as You use this Website. By using this Website, You permit us to collect and use Your information from activity on devices You use in accordance with this Privacy Policy.

    Some Cookies last only for the duration of Your web or application session and expire when You close the browser or exit the application used to access this Website. Other Cookies are used to remember You when You return to use this Website and, as such, will last longer. The Company may use Cookies to:

    • Remember that You have visited www.myellevibe.com.
    • Identify the number of unique visitors accessing this Website so that we can provide enough capacity to accommodate all users of this Website.
    • Customize elements of the promotional layout and/or content of this Website.
    • Collect data about the way You interact with this Website (e.g., when users use certain features).
    • Collect data to assess and improve our advertising campaigns, including sending information to our agents, affiliates, partners, successors, and/or assigns.
    • Allow our agents, affiliates, partners, successors, and/or assigns (including third- parties) to use these tracking technologies to track Your behavior on the Company’s behalf on this Website (including when You use multiple devices) and on partner websites and applications.
    • Enable third parties to collect data about the way You interact across sites outside of this Website.
    • Collect anonymous statistical information about how You use this Website (including the length of a Your web or application session) and the location from which a You access this Website, so that we can improve this Website and learn which elements and functions of this Website are most popular with customers and potential customers.
    • Some of the Cookies used in this Website are set by the Company, and others are set by third partieswho deliver services related to this Website on the Company’s behalf. Most web and mobile device browsers are set to automatically accept Cookies by default. However, You can change Your browser and/or device settings to prevent automatic acceptance of Cookies, or to notify You each time a Cookie is set. You may also learn more about Cookies by visiting http://www.allaboutcookies.org, which includes additional useful information on Cookies and how to block Cookies on different types of browsers and mobile devices. Please note, however, that by blocking or deleting Cookies used in this Website, You may not be able to take full advantage of the functionality and/or capabilities of this Website.

    We may also collect information using web beacons. Web beacons are electronic images that may be used in this Website or emails from or on behalf of the Company. We use web beacons to deliver Cookies, track the number of visits to this Website, to better understand usage and campaign effectiveness, and to determine whether an email has been opened and acted upon by You.

    Third parties may use Cookies, web beacons, and/or other storage technologies to collect or receive information from the websites and applications, You visit and use, and elsewhere on the internet, and use that information to provide targeted ads and other similar such services. You may be able to opt-out of receiving personalized advertisements from advertisers and/or advertising networks who are either members of the Network Advertising Initiative or subscribers to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavior Advertising. To learn more about Your choices for opting out of personalized advertising through websites and/or applications, please visit:

    Network Advertising Initiative (www.networkadvertising.org/choices)

    Digital Advertising Alliance (www.aboutads.info/choices)

    Digital Advertising Alliance (http://youradchoices.com/appchoices)

    Opting Out and Updates to Personal Information: To change or delete Your information provided, You may login to Your account and modify or remove any information that is contained in Your account. You may request to delete Your account by contacting us via the methods of providing notice to MyElle as set forth in the section of this Privacy Policy entitled “Notice”; We will remove Your account within a reasonable time period of receipt of such request. We may otherwise retain and use information in our records, as described in this Privacy Policy. You may also make requests regarding Your Personal Information, such as requests to access information or requests to update or correct inaccurate information, by sending a written request pursuant to the methods of providing notice to the Company as set forth in the section of this Privacy Policy entitled “Notice.”

    The Company does not rent, sell, or share Your Personal Information with other parties or non-affiliated companies for their direct marketing purposes without Your express consent. We provide You the opportunity to opt-out of receiving marketing communications from us and our agents, subsidiaries, affiliates, partners, successors, and assigns and give You the option to remove Your information from this Website, or to not receive future marketing communications. If You receive an unsolicited marketing communication from a Company address, please contact us by sending a written request pursuant to the methods of providing notice to the Company as set forth in the section of this Privacy Policy entitled “Notice.”

    Device Information. The Company may collect information about Your mobile device or other device used by You when accessing this Website, including, but not limited to the following information: the hardware model, operating system and version of that operating system, software and/or application names and version numbers, file names and version numbers, preferred language of the device, unique device identifiers, advertising identifiers, device serial number, device motion information, and mobile network information.

    Security and Retention of Personal Information

    The Company follows generally accepted industry standards to protect the Personal Information You provide, such as the use of a secure server, a database only accessible by those authorized with special access rights to such systems, and routine monitoring of systems and data. No method of electronic data transmission or storage is completely secure, and for this reason, there is no guarantee that information will not be accessed, disclosed, altered, or lost or destroyed by breach of any of the Company’s physical, technical, or managerial safeguards. The Company keeps Your personal data only as long as necessary to provide You with products and other legitimate and essential business purposes.

    General Data Protection Regulation

    The Company may share Personal Information with third parties and those third parties, may be located in countries other than Your home country. As such, Personal Information may be subject to privacy laws that are different from those in Your country of residence. The Company is headquartered in San Diego, California, and does not anticipate collecting information from individuals residing in the European Union; however, in the event that any transaction related to the product involves the transmission of personal data by an individual located in the European Union, any such transfer will comply with General Data Protection Regulation requirements.

    Privacy Practices of Third Parties and Links

    The Company may display advertisements or other content that is from and/or links to third party websites. The Company cannot control or be held responsible for the content and privacy practices of any third party or third party website, application, link, or other third party service. If You click on third party content or links, please be aware that You are leaving this Website, and any personal data that You provide to the third party will not be covered by this Privacy Policy.

    The Company encourages our vendors, providers, subsidiaries, affiliates, and partners to adopt and post privacy policies. However, the use of Your Personal Information by such parties is governed by the privacy policies of such parties and not subject to the Company’s control. When You choose to interact with any of the Company’s affiliates, subsidiaries, business partners, or other third-party entities, it is encouraged that You read any applicable privacy policy.

    Children’s Online Privacy Protection Act

    The Company does not intend or permit any individuals under the age of eighteen (18) to use this Website, and any such use by any individual under the age of eighteen (18) is prohibited. By using this Website, You represent that You are at least eighteen years (18) old and understand that You must be eighteen (18) years old to purchase any products through this Website; Your birth date is

    requested as part of the registration information for the purpose of validating that You are eighteen (18) years old or older. The Company will promptly delete any information associated with any records, account, or other such information for any account where the Company obtains actual knowledge that the registered individual associated with the account it not at least eighteen (18) years old.

    California Privacy Rights

    Pursuant to §1798.83 of the California Civil Code, residents of California can obtain certain information about the types of personal information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of products marketed by those third parties. To request a copy of the information disclosure provided by the Company pursuant to §1798.83 of the California Civil Code, please contact us as provided in the Notice section of this Privacy Policy.

    California Consumer Privacy Act (“CCPA”). Pursuant to §1798.100 of the California Civil Code, residents of California are provided specific legal rights regarding personal information. These rights include 1) the right to request that a business disclose the specific personal information collected; 2) a business shall inform consumers at or prior to the point of collection as to the categories of personal information not be collected and for what purposes it will be used; 3) a business will only disclose personal information to a consumer upon receipt of a verifiable consumer request, and 4) a business is required to respond to verifiable customer requests to access personal information at least twice in a twelve (12) month period; and 5) information from a one-time transaction that is not sold or retained by the business does not need to be retained by the business.

    Notice

    All notices to the Company under this Privacy Policy must be sent via certified mail to:

    MyElle™ Wellness, Inc. ATTN: Legal Department 270 F N. El Camino Real Encinitas, CA 92024

    All notices to You regarding this Privacy Policy will be sent via email to Your email address on file with the Company. The Company reserves the right to update this Privacy Policy from time to time and will email You when any changes in terms to the Privacy Policy have been made; continued usage of any Services related to this Privacy Policy shall constitute acceptance of any new terms and/or modifications to the Privacy Policy.