Privacy Policy

Effective Date: August 1, 2019

This Privacy Policy sets forth what information HARMONIUM HEALTH (“HARMONIUM HEALTH ” or “Company”) collects about you in accordance with your use of and access to https://www.harmoniumhealth.com/ (“Website”), and how that information is used, stored, shared, and/or deleted by HARMONIUM HEALTH.

Your use of the Website and any information you may provide through your use and/or access of the Website is subject to the terms of this Privacy Policy, as may be updated by Company from time to time. Please read this Privacy Policy carefully before using the Website, and be sure to keep up to date with any revisions made by Company. This Privacy Policy does not apply to any third-party websites, services, or applications, even if such are available or accessible through the Website. This Privacy Policy is incorporated by reference into the Website’s Terms of Use, so in addition to reviewing this Privacy Policy, please make sure that you also read and understand the Website’s Terms of Use.

All individuals whose responsibilities include the processing of any information relating to a user of the Website on behalf of Company are expected to protect such information in accordance with this Privacy Policy. HARMONIUM HEALTH and the Website are located in the United States. Information collected via your use of and access to the Website is stored in the United States; therefore, your information may become subject to U.S. law. By using the Website, you consent to the transfer of your data overseas and across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. The laws governing data in your home country may differ from those in the countries to which data is transferred. By accessing and using the Website, you consent to the transfer of your data in this manner.

SECTION 1 – INFORMATION WE COLLECT

The types of information we may collect (directly from you or third party source) and our privacy practices are dependent on your interaction with the Website and requirements of applicable law. Through your use of the Website, Company may collect the following information:

SECTION 2 – WHAT WE DO WITH YOUR INFORMATION?

Company uses the information received from you in connection with the Website in order to operate protect, improve, and develop the Website, create and maintain a secure environment, provided a personalized experience, and comply with our various legal obligations. Such uses include:

We may also use personal information provide by you for reasons for which we have a legitimate interest at the time you provide personal information or with your consent.

Should you wish not to receive emails, offerings, or other promotional materials provided via the Website, please follow the instructions contained in any email from Company to unsubscribe. Unsubscribing from such emails will not affect your ability to receive emails or other communications relating to your specific customer service inquiries or requests.

SECTION 3 – DISCLOSURE / SECURITY OF YOUR INFORMATION

We may share your information received in connection with your use of and access to the Website at your direction as described at the time of sharing to: (i) our staff and/or data person(s) in charge of maintaining and recording the information; and/or (ii) to third party service providers involved in providing Website services or other services who shall only have access to such information for the purpose of performing such services on your behalf. Any such third party service provider shall be prohibited from collecting, sharing or using your personal information except as necessary to perform the services or to comply with applicable legal requirements. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which these providers will handle your personal information. In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave the Website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our Terms of Use.

Company may also disclose personal information in order to respond to customer service inquiries or enforce Company’s Terms of Use.

Company may also make anonymous and/or aggregate personal information for commercial, marketing, and/or business purposes, such as reporting and conducting research and development in order to enhance the Website and/or develop new products and services. Anonymous or aggregated information does not identify you, and we may use or disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information internally and/or with third parties for our or their purposes in an anonymous or aggregated form that is designed to prevent anyone from identifying you.

Company may also share information received from you with its accountants, attorneys, and other professional advisors who owe a duty of confidentiality to Company. In the event Company is required to disclose information pursuant to a court order, subpoena, or law enforcement agency request, we will disclose the requested information to the extent permissible by applicable law. To the extent permissible under applicable law, disclosure of personal identification information may also be made when necessary to establish, exercise, defend legal claims, or protect the rights and property of Company, our agents, customers and others, including, without limitation, the enforcement of agreements, policies, terms and conditions of use, or the personal safety of any person.

In the event that ownership of all or a part of Company or its business were to change via merger, acquisition, divestiture, dissolution, or sale of all or substantially all of Company’s assets, your information pertinent to that business' operations may be assigned or transferred to, or licensed for use by, the new owner, without any prior notice to or consent from you.

If you choose to share information with social media services about your activities on the Website by, for example, connecting your social media account (i.e. Facebook account) to the Website, then we may share your personal information and information about your use of the Website with such social media websites. Use of social media service websites is governed by the privacy practices and policies of those websites, including, without limitation, your ability to opt out of certain settings. Please make sure to read the terms and privacy statements of such social media websites prior to connecting to the Website via your social media account.

We take reasonable administrative, physical and electronic measures and industry best practices designed to protect the information that we collect from or about you (including your personal information) from unauthorized access, use or disclosure. Specifically, if you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards. Notwithstanding, Company cannot assure or guarantee that any third party with which Company shares information will comply with its obligations regarding such information. Furthermore, even though appropriate measures are used to prevent unauthorized disclosures of information, we cannot assure you that any personal identification information collected or received by us will never be disclosed in a manner that is inconsistent with this Privacy Policy, and do not accept liability for any unintentional disclosure.

By using the Website, or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Website. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Website or sending you an email at the email provided to us.

SECTION 4 – THIRD PARTY WEBSITES / LINKS

Company, in its sole discretion, may include in or offer third party links, products, advertisements, or services (collectively, “Third Party Websites”) via the Website. When you click on links, they may direct you from the Website, and this Privacy Policy does not cover any collection or use of information that Third Party Websites may have collected from you, or the practices used by third parties to collect such information, and Third Party Websites should have separate and independent privacy policies and terms of use for the purpose of collecting personal information about you. You should consult such Third Party Websites’ privacy policy, and Company has and assumes absolutely no responsibility or liability whatsoever for the content and/or activities of Third Party Websites and does not necessarily endorse the views expressed within them. If you decide to use, click on, access, or provide any personal information to Third Party Websites, you acknowledge that you are doing so at your own risk.

SECTION 5 – SHOPIFY / PAYMENT PROCESSING

The Website is hosted on Shopify Inc. (“Shopify”). They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our Website and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

SECTION 6 – RETAINING YOUR PERSONAL INFORMATION

Company will retain your personal information received as described in this Privacy Policy while you are an active user of the Website, and thereafter so long as needed for purposes that are not prohibited by applicable law. Before we use any of your personal information for any new purpose not originally authorized by you, we will use best efforts to provide details regarding the new purpose and give you the opportunity to opt-out. Furthermore, where consent is required to process any personal information pursuant to applicable law or contract, we will endeavor to comply with such law or contract.

SECTION 7 – CONSENT / OPT-OUT

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

You have the right to opt out of certain uses and disclosures of your personal information. Where you have consented to Company’s processing of your personal information, you may withdraw that consent at any time and opt-out to further processing by contacting us customercare@harmoniumhealth.com or mailing us at:

HARMONIUM HEALTH
Champlain, NY 12919

Even if you opt-out, we may still collect and use non-personal Information regarding your use of the Website and/ or information from the advertisements on Third Party Websites for non-interest based advertising purposes, such as to determine the effectiveness of the advertisements.

We may periodically send you free newsletters and e-mails that directly promote our products and services. When you receive such promotional communications from us, you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive.

We maintain “do-not-mail” lists as mandated by law. We process requests to be placed on do-not-mail lists within 60 days after receipt, or such shorter time as may be required by law.

We may occasionally send you push notifications through your device with updates and other notices that may be of interest to you. You may at any time opt-out from receiving these types of communications by changing the settings on your device.

SECTION 7 – MODIFYING, ACCESSING, CORRECTING, OR DESTROYING PERSONAL INFORMATION

You have a right to request and access your personal information, and can modify personal information provided via use of the Website through your personal settings or by contacting us at customercare@harmoniumhealth.com. If you want us to delete your personal information, please contact us at customercare@harmoniumhealth.com with your request. We’ll take steps to delete your information as soon we can, but some information may remain in archived/backup copies for our records or as otherwise required by law.

You may inquire as to whether Company is processing your personal information, request access to your personal information, and ask that we correct, amend or delete your Personal Information where inaccurate. Where otherwise permitted by applicable law, you may contact us at customercare@harmoniumhealth.com or use any of the methods set out in this Privacy Policy to request access to, receive, seek correction, or request deletion of your personal information in our possession. Please include your full name, email address associated with your use of the Website, and a detailed description of your data request. Such requests will be processed in line with local laws.

Company shall use best efforts to provide you with access to your personal information and delete personal information upon your request. However, there may be circumstances in which we are unable to provide access or deletion, including but not limited to: (i) where the information contains legal privilege, (ii) would compromise others’ privacy or legitimate rights, (iii) where the burden or expense would be disproportionate to the risks to your privacy in the case in question, or (iv) where it is commercially proprietary. If we determine that access or deletion should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your personal information.

SECTION 8 – INTERNATIONAL TRANSFER OF INFORMATION

Company and the Website are hosted in the United States. Your personal information may be transferred to, processed, and/or maintained on computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide personal information to us, we may transfer your personal information to the United States and process it there, or to service providers based in various countries. By using the Website, you authorize us to transfer, store, and use your information in the United States and any other country where we operate, and agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed in accordance with the “Governing Law and Regulations” provided below, and the adjudication of any disputes arising in connection with your use of the Website will be in accordance with terms provided herein and/or set forth in the Terms of Use.

SECTION 9 - AGE OF CONSENT

Our Website is not intended for use by or directed to children, and we do not knowingly collect personal information from children under 13 if located in the United States, or under the age of 16 if located outside of the United States. If we learn that we have collected personal information from or of a child under the age of 13 (or 16 if located outside the United States), we will take steps to delete such information from our files as soon as possible. You must also be old enough to consent to the processing of your personal data in your country (i.e. in some countries, a user under the age of 16 may only provide or consent to the processing of their personal information if such consent is provided by a person holding “parental responsibility” (i.e. a parent or legal guardian)). If you believe we have collected personal information of a minor or without appropriate consent, please contact us as customercare@harmoniumhealth.com.

SECTION 10 – CALIFORNIA PRIVACY RIGHTS

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. Such requests may be made to customercare@harmoniumhealth.com.

SECTION 11 – EUROPEAN UNION PRIVACY RIGHTS

Notwithstanding any contrary language contained in this Privacy Policy, customers located in the European Union (EU) may exercise any of the rights described in this section by sending e-mail to customercare@harmoniumhealth.com. Please note that we may ask you to verify your identity before taking further action on your request.

Managing Your Information

You may access and update some of your information, including personal information, through the Website or by contacting us at customercare@harmoniumhealth.com. If you have chosen to link to the Website via a third party service, such as Facebook, you may change your settings and remove permission for the Website by changing your account settings on such third party service. You are responsible for keeping your personal information up-to-date.

Modifying Inaccurate Or Incomplete Information

You have the right to ask us to correct inaccurate or incomplete personal information concerning you and which you cannot update yourself on the Website.

Access to Information

You may request copies of your personal information held by us pursuant to applicable law and/or request us to transmit this information to another service provider (where technically feasible).

Retaining / Deleting Your Information

We generally retain your personal information for as long as is necessary and/or to comply with our legal obligations. If you no longer want us to use or store your information as it relates to the Website, you can request that we delete your personal information that we maintain in our possession. Please note that if you request the deletion of your personal information:

Consent / Opt-Out

Where you have provided your consent to the processing of your personal information, you may withdraw your consent at any time by changing your settings, or by contacting us at customercare@harmoniumhealth.com to withdraw such consent. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use or store your personal information, in particular, where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the deletion of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise, or defense of legal claims; or (iv) you have objected to the processing as stated below and pending verification whether the legitimate grounds of Company override your own.

Objection To Processing

In some jurisdictions, applicable law may entitle you to prevent Company from processing your personal information for certain specific purposes where such processing is based on legitimate interest. If you object to such processing, Company will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise, or defense of legal claim(s).

Where your personal information is processed for direct marketing purposes, you may, at any time, ask Company to cease processing your data for these direct marketing purposes by updating your settings or e-mailing us at customercare@harmoniumhealth.com.

Cookies

You may adjust your Cookie Settings at any time by accessing and adjusting your settings in your device used to access the Website. Please be advised that if you disable Cookies, such might adversely impact your ability to use services and/or features offered via the Website.

Complaints

You have the right to file complaints about the data processing activities carried out by Company by contacting the appropriate data protection authorities in your country / jurisdiction.

SECTION 12 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. Your continued use of the Website constitutes your agreement to this Privacy Policy and any future revisions, updates, or modifications. If at any point you do not agree to any portion of the Privacy Policy then in effect, you must immediately stop using the Website.

SECTION 12 – GOVERNING LAW AND REGULATIONS / DISPUTE RESOLUTION

This Privacy Policy shall be deemed made in the State of Florida and shall be construed and enforced in accordance with the laws of the State of Florida without regard to any conflict of law provisions. Notwithstanding the foregoing, this Privacy Policy, and the collection of information hereunder, shall comply with all relevant data protection provisions, including, without limitation, the Data Protection Act and General Data Protection Regulation, as applicable.

By using the Website, you agree that all disputes, claims, or causes of action arising from or related to your use of the Website will be resolved through binding arbitration in Broward County, Florida in accordance with the rules of the American Arbitration Association. ARBITRATION OF A DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Nothing in this Section shall prevent Company from seeking injunctive or other equitable relief from the courts for matters related to data security, or unauthorized access to the Website.

SECTION 13 – GENERAL PROVISIONS

This Privacy Policy sets forth the entire understanding between you and Company regarding your use of the Website. In the event that any one or more of the terms and conditions contained in this Privacy Policy is held to be invalid, illegal or unenforceable, the remaining provisions will not in any way be affected or impaired thereby. Company's failure to insist upon strict adherence to any term contained in this Privacy Policy shall not constitute a waiver of such term and shall not be considered a waiver or limit of any right thereafter to insist upon strict adherence to that term or any other term contained in this Privacy Policy.

SECTION 14 – QUESTIONS AND CONTACT INFORMATION

If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information regarding this Privacy Policy, please contact us at customercare@harmoniumhealth.com or by mail at:

EVLUTION NUTRITION
1320 State Route 9
Champlain, NY 12919