California Consumer Privacy Notice

Last updated: Apr 10, 2023

California consumers have certain rights under the California Consumer Privacy Act of 2018 (“CCPA”) with respect to their personal information. This notice supplements the information contained in Vive Cosmetics LLC’s (“Vive Cosmetics” or “we” / “us”) privacy policy located at  vivecosmetics.com/pages/privacy-policy, and applies solely to individuals who reside in the State of California. The terms “California consumer,” “business purpose,” “sell” and “personal information” have the meanings prescribed in the CCPA. The use of “you” or “consumer” under this notice means a California consumer. 

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include publicly available information from government records or de-identified or aggregated consumer information.

As described in our privacy policy, we collect personal information from the following sources: 

  • Information you provide directly to us via our website or through surveys or other communications you provide to us
  • Public sources, such as your public social media. If you do not want us to collect information from social networks, you should review and adjust your privacy settings on those networks as desired before linking or connecting them to our websites. 
  • Information collected on our behalf by our processors and service providers, such as our payment processors.
  • Information collected through use of cookies or other similar technologies, such as website usage data. 

In particular, within the last twelve (12) months, we may have collected the CCPA categories of personal information listed below from consumers. Please see section 3 of our privacy policy for more detailed information on the personal information we may collect and the sources from which we may collect such personal information.  

 

Category

What We Collect Under This Category 

A. Identifiers

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, address, or telephone number.Credit card numbers, debit card numbers, or any other financial information will be directly collected through our payment processors. Some personal information included in this category may overlap with other categories.

C. Commercial information

Products or services purchased obtained, or considered, or other purchasing or consuming histories or tendencies. 

D. Internet or other similar network activity.

Browsing history, search history, information on your interaction with our website.

 

NO SALE OF PERSONAL INFORMATION                    

We do not sell your personal information for monetary or other valuable compensation. 

 

Use and Disclosure of Personal Information

We may use or disclose your personal information we collect for one or more of the business purposes described in sections 3 and 4 of our privacy policy.      

 

Your Rights Under the CCPA

The CCPA provides consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. 

 

The Right to Know

In addition to the information provided above about our collection, use and disclosure of personal information, you, as a California consumer, have the right, upon a verifiable consumer request, to request that we disclose what specific pieces of personal information we have collected about you over the past twelve (12) months prior to your request.    

The Right to Deletion and Correction 

California consumers have the right to request that your personal information be corrected or that we delete your personal information, unless an exception applies. Once we receive your request and confirm your identity (see below Exercising Your California Privacy Rights), we will review your request for correction or deletion. We may deny your deletion request if retaining the information is necessary for us or our services provider(s) to:

  • Complete transactions for which we collected the personal information, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or services that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you
  • Help to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for those purposes
  • Debug software to identify and repair errors that impair existing intended functionality
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.)
  • Engage in public or peer-reviewed scientific, historical, or statistical research that conforms or  adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the ability to complete such research, if you previously provided informed consent
  • To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us  and compatible with the context in which you provided the information     
  • Comply with a legal obligation

We will delete or de-identify personal information not subject to one of the above exceptions from our records and will direct our service providers to take similar action. To exercise your right to deletion, please see below under “Exercising Your California Privacy Rights. Please note, in addition to a formal request,  you also have the ability to correct and/or delete certain personal information provided within your own profile. 

The Right to Non-Discrimination 

California consumers have the right to not receive discriminatory treatment for their rights listed above. This includes the right not to be denied goods or services, not to be charged different rates for goods or services, and not to receive a different level or quality of goods or services from us for exercising privacy rights. 

Notice of Financial Incentives

We may offer you certain financial incentives for the collection of your personal information, as permitted by the CCPA, that can result in different prices, rates, or quality levels. We may also offer a loyalty program that will provide certain perks, such as rewards and exclusive offers, as well as other programs like sweepstakes or contests. These offerings are made from time to time and at Vive Cosmetic’s sole discretion, including through our Chismosa Club Newsletter. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value, as data is required to facilitate the financial incentive. The value of your personal information in relation to the financial incentive is a practical and good-faith effort calculation involving the (i) categories of personal information collected (e.g., names, email addresses); (ii) the volume of consumers registered in our financial incentive programs; and (iii) and the annual revenue generated by the business.   Participation in a financial incentive program is completely at your own discretion and requires your prior opt-in consent, which you may revoke at any time. 

Exercising Your California Privacy Rights

To exercise your California Privacy Rights described above, please submit a request by either:

Please note that to exercise the rights described above, you must verify your request before further action is taken. Only you, or someone legally authorized to act on your behalf, may make a request related to your personal information. Such verification is necessary for us to know who you are to ensure that we are not providing the requested information to an unauthorized person. Your request to exercise your California Privacy Rights must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. This means that in making a request you may be required to  provide your email and phone number, log-in information or other similar customer information, and/or account sign-up authentication or other information needed to verify your identity depending on the sensitivity of the personal information that is the subject of the request. You also must describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. You may only submit a request to know twice within a twelve (12) month period.

We will not respond to any request or provide you with personal information if we are unable to verify your identity or authority to make the request and confirm the personal information in our possession actually relates to you. If you are an adult, you can make a verifiable request on behalf of a minor under your parental authority. You do not need to create an account with us to submit a request to exercise your California Privacy Rights.

 

Response Timing and Format

We use good faith efforts to respond to a verifiable consumer request within forty-five (45) days after its receipt. If we need more time (up to 90 days after the initial receipt of the request), we will inform you of the reason and the needed extension period in writing. 

 

How to designate an authorized agent:

Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney and other information as we may reasonably request in order to verify the agent’s identity. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.  We may also deny a request from an agent that does not meet the requirements for authorized agents under the CCPA.

 

Changes to This CCPA Notice

We reserve the right to amend this CCPA notice at our discretion at any time and in accordance with applicable law, and we will post the updated notice and policy on the website and update the effective date on each. Your continued use of our website following the posting of changes constitutes your acceptance of such changes.

 

Contact Information

 If you have any questions or concerns about this notice, the ways in which Vive Cosmetics collects and uses your information described here and in the privacy policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone
(408) 337-2761‬

Website
vivecosmetics.com

Email
info@vivecosmetics.com

Web form
interactive web form

Postal Address
Vive Cosmetics, LLC

Attn: Leslie Valdivia

4208 Capitola Rd

Capitola, CA 95010

If you need to access this CCPA notice or our Privacy Policy in an alternative format due to having a disability please contact us via one of the methods above.