1. WHO WE ARE
“We”, “us” or “our” means Vita Coco, a Delaware corporation with its principal place of business located at 250 Park Avenue South, Floor 7, New York, NY 10003. We act as controller for the personal data we gather through your use of our website.
2. WHAT THIS IS
3. HOW WE USE AND COLLECT YOUR PERSONAL DATA
Personal data is defined as any information relating to an identified or identifiable natural person. Identifiable refers to identifiers (such as name, identification number, location data, etc.), that can be used to directly or indirectly identify a natural person.
The personal data we collect, is collected and used for the purposes as listed hereunder:
- In the event you use the contact form on our website, we will use your personal data in order to reply to your query, via e-mail or telephone.
- In the event you create a profile on our website or you provide us with transaction data, we collect your personal information in order to save such information, to provide you with our services and permit us to receive your information or to contact you.
- In the event you register for our newsletter, your e-mail address will be used in order to send you our newsletters, which may include invites to events, seminars, etc. organized by us.
- We Process your personal data for the purpose of supporting the website, mobile applications, advertising experience, and enhancing your user experience, which includes ensuring the security, availability, performance, capacity and health of these systems.
- We Process your personal data to enforce or exercise any rights that are available to us based on the applicable law, such as use for the establishment, exercise or defense of legal claims.
- We may also use your personal data to fulfil our obligations as set out by the applicable law.
The following categories of personal data can be distinguished:
- Contact data: in the event you make use of the contact form, you will be asked to provide the following information: name, address, e-mail address, phone number, and any personal data that you choose to put in the designated blank field (please do not provide us with any sensitive information, such as health information, information pertaining to criminal convictions, or credit card/account numbers). This is information that is provided directly by you.
- Profile data: If you create an account on our website, we collect the following data: name, telephone number, e-mail address, address, country, company name, job title, industry. This is information that is provided directly by you.
- Newsletter: If you register for our newsletter, you will be asked to provide your e-mail address. This is information provided directly by you.
- Transaction data: We collect personal data relating to transactions that you make through the website, including your “contact data”, payment information and the goods and/or services purchased. This is personal data provided directly by you.
- Identifiers such as name We collect personal data relating to your access request to All Market Inc.
resources, sales inquiry, partner inquiry, subscription to our newsletter: name, telephone number, e-mail address, address, country. This is personal data provided directly by you.
- Customer Records Information such as credit/debit card number used to pay for goods.
- Characteristics of Protected Classifications such as age to determine permitted use of our services.
- Commercial Information such as your purchase history.
- Geolocation data such as to determine the applicability of regional legislation permitting the purchase of certain products based on your device’s location.
- Professional or employment-related information such as employer or workplace to determine any logistical requirements for shipping or delivery.
- Inferences such as product flavor or fragrance preference.
We will only collect and Process personal data about you where we have lawful bases. Lawful bases include consent (where you have given consent), contract (where processing is necessary for the performance of a contract with you (e.g., to deliver the Services you have requested) and “legitimate interests”.
Data categories disclosed for business purposes:
- Identifiers such as name, shipping address, or billing address. For example, if we use a 3rd party carrier to deliver your order.
- Customer Records Information such as credit/debit card number used to pay for goods. For example, if we use a 3rd party payment processor.
- Characteristics of Protected Classifications such as age. For example, in some cases, your age may be required to determine permitted use of our services.
- Commercial Information. For example, your order detail will be required for a 3rd party logistics provider to fulfill your order.
- Internet or other Electronic Network activity information such as your use of our website in terms of browsing and search history. For example, 3rd party monitoring services may be used to ensure operational effectiveness of our services.
- Geolocation data such. For example, location data may be used to determine the applicability of regional legislation.
- Professional or employment-related information. For example, if you place an subscription order for your work, office, etc, we may use employment-related information such as work address for delivery and logistics.
Inferences such as product flavor or fragrance preference.
Where we rely on your consent to Process personal data, you have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object. If you reside in the designated countries and have any questions about the lawful basis upon which we collect and use your personal data, please contact [email protected] with specific attention to Data Protection Officer.
Your personal data will solely be used for the purposes as set out in this section.
4. RETENTION OF YOUR DATA AND DELETION
Your personal information will not be kept for longer than is necessary for a specific purpose. However, considering it is not possible for us to specify a period in advance, the period of retention will be determined as follows:
- To provide you with information, products or services that you request from us or which we feel may interest you;
- To carry out our obligations arising from any contracts entered into between you and us, including for billing and collection;
- If you pay for Services or Goods using a credit card, we will transmit your credit card data to the appropriate credit card company and/or credit card payment processing company;
- To allow you to participate in interactive features of our Services and Goods, when you choose to do so;
- To contact you about our Services and Goods;
- In any other way we may describe when you provide the information or when we prompt you regarding a new use of information about you; and
- To present content from our Services and Goods in an effective manner for you and for your computer or mobile device.
In the event you withdraw your consent or you object to our use of your personal data, and such objection is successful, we will remove your personal data from our databases. Please note that we will retain the personal data necessary to ensure your preferences are respected in the future.
The foregoing will, however, not prevent us from retaining any personal data if this is necessary to comply with our legal obligations, in order to file a legal claim or defend ourselves against a legal claim, or for evidential purposes.
5. YOUR RIGHTS
This section lists your principal rights under data protection law. We have tried to summarize them for you in a clear and legible way.
The right to access
You have the right to receive from us a copy of your personal data we have in our possession, provided that this does not adversely affect the rights and freedoms of others. The first copy will be provided free of charge, but we reserve the right to charge a reasonable fee if you request further copies.
The right to rectification
If the personal data we hold about you is inaccurate or incomplete, you have the right to have this information rectified or, taking into account the purposes of the processing, completed.
The right to erasure (right to be forgotten)
In some circumstances, you have the right to the erasure of your personal data without undue delay. Those circumstances include:
- The personal data are no longer needed in relation to the purposes for which they were collected or otherwise processed;
- You withdraw your consent, and no other lawful ground exists;
- The processing is for direct marketing purposes;
- The personal data have been unlawfully processed; or,
- Erasure is necessary for compliance with EU or California law.
There are certain exclusions to the right to erasure.
Those exclusions include where processing is necessary,
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation; or,
- for the establishment, exercise or defense of legal claims.
The right to restrict processing
You have the right to restrict the processing of your personal data (meaning that the personal data may only be stored by us and may only be used for limited purposes), if:
- You contest the accuracy of the personal data (and only for as long as it takes to verify that accuracy);
- The processing is unlawful and you request restriction (as opposed to exercising the right to erasure);
- We no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defense of legal claims; or,
- You have objected to processing, pending the verification of that objection.
- In addition to our right to store your personal data, we may still otherwise Process it but only:
- with your consent;
- for the establishment, exercise or defense of legal claims;
- for the protection of the rights of another natural or legal person; or, (iv) for reasons of important public interest.
We will inform you before we lift the restriction of processing.
The right to data portability
To the extent that the legal basis for our processing of your personal data is consent, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
You also have the right to have your personal data transferred directly to another company, if this is technically possible, and/or to store your personal data for further personal use on a private device.
The right to object to processing
You have the right to object to the processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for:
- The performance of a task carried out in the public interest or in the exercise of any official authority vested in us;
- The purposes of the legitimate interests pursued by us or by a third party.
If you make such an objection, we will cease to Process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.
You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to Process your personal data for this purpose.
The right to Non-Discrimination
Vita Coco will not discriminate against for exercising any of these rights.
The right to complain to a supervisory authority
If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement. In The United Kingdom, you can submit a complaint to Information Commissioner’s Office (ICO), Wycliffe House Water Lane, Wilmslow, Cheshire, SK9 5AF ([email protected]), https://www.gov.uk/data-protection/makea-complaint.
6. PROVIDING YOUR PERSONAL DATA TO OTHERS
In order to provide you with our website, we work with service provider to process and store your personal information. We use the following categories of service providers:
- hyfn as website builder;
- Interesting Development as website builder;
- Amazon Web Services (AWS) as website hoster;
- Shopify as website hoster and eCommerce transactor; and
- WordPress as website hoster.
We may also disclose your personal data in the event such disclosure is required or necessary in order to fulfil a legal obligation. We may also disclose personal data in order to protect your vital interests or the vital interest of another natural person.
As such, we do not disclose your personal data to our social media partners. We do, however, make use of social media plugins to direct you to our social media channels and to allow you to interact with our content. These social media channels are (Facebook, Instagram, LinkedIn, Twitter, Google+, Vimeo and Pinterest). In the event you click such link, such social media service provider may collect personal data about you and may link this information to your existing profile on such social media.
We are not responsible for the use of your personal data by such social media service provider. In such case, the social media service provider will act as controller. For your information only, we have included the relevant links (these may be changed from time to time by the relevant service provider):
- Facebook: http://facebook.com/about/privacy;
- Instagram: https://help.instagram.com/155833707900388;
- LinkedIn: http://linkedin.com/legal/privacy-policy;
- Twitter: http://twitter.com/privacy;
- Google+: https://www.google.com/intl/en/policies/privacy/;
- Vimeo: https://vimeo.com/privacy;
- Pinterest: http://policy.pinterest.com/en/privacy-policy.
We have never, nor will we ever, sell your personal information.
7. INTERNATIONAL TRANSFERS
We will ensure that any transfer of personal data to countries outside of the European Economic Area will take place pursuant to the appropriate safeguards.