PRIVACY POLICY

Updated 2/15/2024

GENERAL

Pura Vida Holdings Group, LLC and its parents, subsidiaries, and affiliates (referred in this Privacy Policy as the “Company”) respect the privacy of every individual who visits our websites and uses platforms and applications owned and operated by us. This Privacy Policy (“Policy”) outlines the information the Company may collect from visitors to our websites hosted in the United States and users of our applications in the United States (collectively the “Site”) and how we may use and disclose that information. This Policy only applies to Personal Information (as defined below) and does not apply to information which is non-personal or anonymized (e.g., aggregated information or information which can not be related to a natural person).

We process Personal Information based on our legitimate interest in running and growing our business and as necessary to enter into a contractual relationship with you. Should we process Personal Information in any other way, we will notify you of that basis prior to undertaking such processing.

WHAT CATEGORIES OF PERSONAL INFORMATION DO WE COLLECT AND WHY DO WE COLLECT IT

The Company collects information which relates to you as an identifiable natural person (“Personal Information”) as a result of your interaction with our Site or applications.

Direct Collection.

You ordinarily are not required to register or provide Personal Information in order to access our websites, although certain sections of our websites and our applications may require registration. Also, depending services available to you on the Site, we may request for specific Personal Information necessary to perform the services.

The types of Personal Information we may collect include, but are not limited to:

  • contact information, such as your name, postal address, e-mail address, and telephone number;

  • username and password to access the Company’s products and services online;

  • payment information (such as payment card details, financial account information and billing address) if you place orders online;

  • birth date;

  • online order history; and

  • other Personal Information you may provide to us.

The Company may collect Personal Information for other purposes, which include, but are not limited to:

Purchases of Company products

The Site does offer individuals the opportunity to purchase products online. In connection with those purchases, customers will be asked to submit Personal Information, name, address, telephone number and email address, which is required to complete the transaction. If you make a payment, we also collect data necessary to process payment if you make a purchase, including your payment instrument number (such as credit card number), and the security code associated with your payment instrument.

“contact” and comment features

The Company encourages visitors to its websites to contact us with questions and comments. Email addresses and other information of persons using these features may be collected in order to facilitate our responses to those inquiries.

Special promotions and product information

The Company also may offer you the opportunity to provide you with email updates and announcements concerning our products and special promotions. Personal information you have provided to the Company may be used to facilitate those communications.

Rewards programs

The Company may offer rewards programs, sweepstakes, contests, or other promotions through its websites or applications. In order to participate in such promotions, you may be required to register an account and/or provide contact data, profile date, and other information.

Mobile application and online ordering

The Company has provided a mobile application experience for mobile phones and tablets. This application is provided and published by Incentivio, Inc. In order to facilitate a personalized experience or process a transaction this app may request location data (geolocation data such as real-time information about the location of your device (GPS and network-based), even when the app is closed, to enable the locations and directions features), personal account information, credit card information, and general information regarding the guest’s personal preferences. This data is securely managed by Incentivio, Inc. for the purposes of customer transactions and reward program participation. Customers may close their account or opt out of communications at any time.

General Uses

Additionally, the Company uses Personal Information about you for the following purposes:

  • to establish or maintain our relationship with you;

  • to keep you informed of products and services we think may be of interest to you, including those of our affiliated brands and trusted marketing partners;

  • to personalize your experience with us and to assist you while you use the Sites;

  • for business administration, including statistical analysis;

  • to improve the Sites by helping us understand who uses the Sites;

  • to protect the interests of visitors to our Sites, our employees, and other third parties;

  • to investigate violations of our policies and applicable law;

  • for fraud prevention, and detection and to comply with applicable laws, regulations or codes of practice; or

HOW DO WE COLLECT PERSONAL INFORMATION

Information collected automatically - clickstream

Our web pages may incorporate "pixel tags", "web beacons", or other similar tracking technologies (collectively, "pixel tags") that allow us, or our agents, to track the actions of users of our Sites (known as “click-stream data”). Click-stream data can include Personal Information, such as the IP address of the computer you are using, the type of operating system and browser software that you use, the date and time of your access to our Site, the website address, if any, from which you linked directly to our Site, the website address, if any, to which you then travel from our Site, and any similar traffic-related information.

We may also aggregate your click-stream data with similar data collected from other users in order to help us improve our Site and the services we provide through our Site. If we combine information which is not personal with Personal Information, we will consider the combined information as Personal Information

Information placed automatically on your computer – cookies

When you view one of our websites, we may store certain information on your computer. This information may be in the form of a small text file called a “cookie” and can help us improve your experience with our websites in many ways. For example, cookies allow us to tailor a Site better match your interests and preferences. Notably, our websites use cookies to help understand which parts of our websites are most popular, where our visitors are going and how much time they spend there.

Cookies are read only by the server that placed them, and are unable to execute any code or virus. Also, where specific programs associated with our websites require a User ID and password, you have the option of requesting that we save your User ID and password so that you will not have to re-enter that information the next time you access the website. This function is accomplished by the placement of a cookie.

With most internet browsers, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions. Please be aware, however, that some features and programs of our websites may be unavailable to you if cookies are erased or blocked.

Some uses of cookies in connection with our websites may be under the control of unaffiliated entities that the Company retains for the management of certain programs and fulfillment of specific visitor/customer requests. The Company requires these entities to confine their use of cookies to the uses permitted by this Policy, but the Company cannot be responsible for third party uses of cookies.

Location information

This Site and our applications use location data provided by your web browser or mobile device if allowed. If your GPS location cannot be determined then your IP address is used to locate you. Location data is collected for the purpose of assigning your closest physical restaurant location to customize the Site or application experience. Location data is not required to use or access this Site or the applications.

HOW WE RETAIN INFORMATION WE COLLECT

We will retain Personal Information for as long as necessary or permitted in light of the purposes described in this Policy. However, some Personal Information may be retained for longer periods as required by law, contract, or auditing requirements. We will also retain Personal Information for as long as necessary to establish, exercise, or defend legal claims, or as otherwise permitted by applicable law.

WHEN DO WE DISCLOSE THE PERSONAL INFORMATION WE COLLECT

Except as provided herein, or as permitted by applicable law, the Company will not sell, rent or otherwise disclose Personal Information about you to unaffiliated third parties. We do disclose Personal Information you have provided through our Site to persons or companies that we retain to carry out services, such as hosting, promotions, analytics, payment, or marketing activities on our behalf. Such disclosures will be for the same purposes as described in this Policy.

We also will disclose Personal Information for the purposes described in this Policy, or if permitted or required by law; including compliance with warrants, subpoenas or other legal process. The Company may provide personal and other information to a purchaser or successor entity in connection with the sale of the Company, a subsidiary or line of business associated with the Company, or substantially all of the assets of the Company or one of its subsidiaries, affiliates or lines of business.

In addition, the Company may provide its affiliates or unaffiliated third parties with aggregate information about visitors to our sites or users of our applications. For example, we might disclose the median ages of visitors to our websites, or the numbers of visitors to our websites that come from different geographic areas. Such aggregate information will not include information of any individual visitors to our websites or users of our applications.

Third Party Sites

Certain third-party websites or applications may be linked to the Company Site or applications. These third-party websites and applications include their own privacy policies. Please refer to these policies when using one of the linked websites. The Company is not responsible for the privacy policies and practices of other websites or applications that are linked to our websites or applications.

SPECIAL NOTE FOR PARENTS

The Company takes seriously its obligations under the children’s online privacy protection act concerning the collection of Personal Information from children under the age of 13. The Company’s websites and applications are not targeted to children. The Company does not knowingly accept Personal Information from children under the age of 13. Parents should be aware that information that is voluntarily given by children or others in chat sessions, email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited email or other contacts. The Company encourages all parents to instruct their children in the safe and responsible use of the internet.

HOW DO WE PROTECT YOUR PERSONAL INFORMATION?

The Company takes measures to prevent unauthorized intrusion to its websites and applications and the alteration, acquisition or misuse of Personal Information by unauthorized persons. However, the Company cautions visitors to its websites and users of its applications that no network, including the internet, is entirely secure.

DATA TRANSFERS

Where you are located in the European Economic Area (“EEA”), Personal Information collected from you will be transferred to recipients in countries located outside the EEA which do not provide a similar or adequate level of protection to that provided by countries in the EEA. We will take appropriate steps to ensure that any Personal Information is treated securely and in accordance with this Privacy Policy.

YOUR PRIVACY RIGHTS

Some states have general privacy laws providing you with some choices regarding controlling how we use your Personal Information, including the following:

  • Accessing your Personal Information. You may request that we provide you: (i) the specific pieces of Personal Information that the Company has about you; (ii) categories of Personal Information we have collected about you; (iii) categories of sources from which the Personal Information is collected; (iv) categories of Personal Information that we have sold or disclosed for a business purpose about you; (v) categories of third parties to whom the Personal Information was sold or disclosed for a business purpose; and (vi) the business or commercial purpose for collecting or selling Personal Information. Please note that much of the information you can make a request for is already contained in this Policy.

  • If you are a resident of a jurisdiction with applicable privacy law, and would like to request deletion or correction of your Personal Information, please see the section below entitled “Exercising Your Privacy Rights”. As part of this process, we may ask for some Personal Information in order to verify your identity and your rights to the data which is subject to your request.

  • Modifying or Deleting Your Information. While some privacy laws provide a right to correct or delete Personal Information about you, those rights are fairly limited. As such, we may not be able to change or delete your information in all circumstances. For example, we retain Personal Information as necessary to: complete the transaction for which the Personal Information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you; detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; debug to identify and repair errors that impair existing intended functionality of our online properties; enable solely internal uses that are reasonably aligned with your expectations based on your relationship with the Company; comply with a legal obligation; or otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which your provided the information. If you are a resident of a jurisdiction with applicable privacy law, and would like to request deletion or correction of your Personal Information, please see the section below entitled “Exercising Your Privacy Rights”.

  • How to Control Your Email Communications Preferences. You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in the email. You may not opt-out of Service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Sites, technical and security notices).

  • Selling or Sharing of Personal Information. While we do not sell your Personal Information in the normal sense of the word, we do share your Personal Information with our affiliate advertising network to enable you to see relevant and timely advertising as a result of your interactions with our Site. Since this method of sharing is technologically based (i.e. cookies and pixel tags – we do not build a profile on you and send that to third party marketers), the most effective method to opt-out of this type of sharing is to use the “cookie banner” on our website to opt out of cookie use. You can find the “cookie banner” at the bottom of website under “Manage cookie preferences”.

  • Exercising Your Privacy Rights. If you are a resident of a jurisdiction with applicable privacy law, and would like to exercise any of your rights you may do so by contacting us by using the contact particulars noted in the “Contact Us” section below.

    Individuals in the EEA also have the right to lodge a complaint about the processing of their personal information with their local data protection authority.

  • Designating an Authorized Agent. Some jurisdictions permit their residents to designate an agent to manage their rights under the relevant privacy law. If you would like to designate an agent to manage your privacy preferences, you may do so using the mechanisms noted above under “Exercising Your Privacy Rights”. We will also need sufficient Personal Information about your authorized agent to be able to identify them. As part of this process, you must have permission from your authorized agent to disclose their Personal Information to us for the purpose of acting as your agent.

  • Appeals. Should we deny your request for Access, Correction, or Deletion, you may appeal that decision by sending an email to us identifying why you believe the denial is improper, a copy of the original request, a copy of the communication denying your request, and your desired outcome. We will then escalate your appeal to the appropriate parties inside the Company to review the merits of your appeal. We will respond with our decision on your appeal within 45 days of receipt of your appeal.

  • Non-discrimination. Some laws do not permit us to discriminate against you because you exercised any your rights under this title, including, but not limited to, by: denying you access to goods or services; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level or quality of goods or services; suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

OFFLINE VS. ONLINE PRACTICES

This Policy applies solely to the Company’s information-gathering and dissemination practices in connection with its Site in the United States.

CHANGES TO THIS POLICY

This Policy is the sole authorized statement of the Company’s practices with respect to the collection of Personal Information through the Company’s Site and applications and the subsequent use and disclosure of such information. The Company may revise this Policy from time to time. You should bookmark and periodically review this page to ensure that you are familiar with the most current version of this Policy. You can determine when this Policy was last revised by checking the “last revised” legend at the top of the Policy.

CONTACT US

If you have any questions about the Company’s Privacy Policy or the information that we collect, use and/or disclose, you may contact the Company at the address and the email address below. If you are a resident of a state with a general consumer privacy law, you may request an exercise of your rights at the address and the email address below.

Pura Vida Holdings Group, LLC

1924 Alton Rd, Miami Beach, FL 33139

Inquiries@puravidamiami.com