PRIVACY POLICY

VYALUX, Inc.

Privacy Policy

Effective as of January 01, 2022

Welcome:

VYALUX, Inc. (“VYALUX”) understands the importance of privacy to VYALUX’s Users (“User”). This Privacy Policy (“Privacy Policy”) applies to all of the products, services, and web sites offered by VYALUX (collectively, “Services”). Where additional detailed information is needed to explain VYALUX’s privacy practices, VYALUX posts supplementary privacy notices to describe how particular Services process personal information. Privacy Policy will tell User what information VYALUX collects about Users and about User’s use of Services. Please read Privacy Policy carefully.

By using Services, User is accepting the terms of Privacy Policy. If User does not agree with the terms of Privacy Policy, User should not use Services. User’s continued use of Services following the posting of changes to Privacy Policy will mean that User accepts said changes.

Personal Information:

VYALUX collects personal and non-personal information about Users when User uses Services. VYALUX uses User’s information for the following general purposes: providing products and services, billing, identification and authentication, improving Services, contacting Users, and conducting research. When User opens an Account (as such term is defined in Terms of Use) through Services, VYALUX asks for Personally Identifiable Information (as defined below) such as User’s name, email address, and phone number. To access certain products and services from VYALUX, VYALUX also asks Users to provide contact and billing information, Personally Identifiable Information or Protected Health Information (as such terms are defined in the Health Insurance Portability and Accountability Act of 1996, as amended).

VYALUX only shares User’s Personally Identifiable Information or Protected Health Information when required to complete User’s transactions or to facilitate a consensual interaction between User and a provider through Services. VYALUX does not otherwise share Personally Identifiable Information or Protected Health Information with any third parties. VYALUX may aggregate certain information to develop statistics related to the use of Services and, in doing so, VYALUX might combine information that VYALUX has about User with information VYALUX obtain from business partners or other companies. When VYALUX publishes statistics based on aggregated information, those statistics will not contain any Personally Identifiable Information about User. Depending on Services User uses, VYALUX may also collect certain personal information, including personal foods, activities and body measurements. Recognizing the highly personal nature of this information, VYALUX takes special precautions to protect such information.

Credit Card Information:

VYALUX uses a third-party provider to process credit card transactions through Services. User may choose to pay for Services using said third-party provider. If User uses said third-party provider to make a payment, VYALUX does not receive or store any credit card information.

Legal Bases for Processing Personal Information:

The purpose of Services is to enable use of the VYALUX platform for VYALUX subscribers. VYALUX relies on the following legal grounds to process User’s Personal Information:

Contract Performance – VYALUX needs to collect and use User’s Personal Information to perform VYALUX’s agreement with User to deliver Services as described in Privacy Policy.
Consent – VYALUX may use or disclose some of User’s Personal Information as described in Privacy Policy subject to User’s consent.
Legitimate Interests – VYALUX may use User’s Personal Information for VYALUX’s legitimate interests to improve VYALUX’s products and services and the content on Services. Consistent with VYALUX’s legitimate interests and any choices that VYALUX offers or consents that may be required under applicable laws, VYALUX may use technical information as described in Privacy Policy.

COLLECTION OF INFORMATION

Cookies:

VYALUX collects non-personal information about User’s use of Services. Computers and devices that access Services may be assigned a unique Cookie by VYALUX. Cookies may be required for the use of certain Services. The information collected by Cookies (i) records current session information, (ii) allows VYALUX to statistically monitor how many people are using Services, (iii) how many people open emails, and (iv) for what purposes these actions are being taken. VYALUX may use Cookie information to determine the popularity of certain content or advertisements. Cookies are also used to facilitate a User’s login and as navigation aids. Cookies used by VYALUX may also be used to restrict underage use of the Services.

Most browser and device software can be set to reject all Cookies. Additionally, most browsers and devices offer instructions on how to reset the browser to reject Cookies. In browsers, this can be found in the “Help” section of the toolbar and, in devices, this can be found in User’s device’s “Settings.” If User reject VYALUX’s Cookies, certain functions and conveniences of Services may not work properly. However, User does not have to accept VYALUX’s Cookies in order to productively use Services. VYALUX does not link non-personal information from Cookies to Personally Identifiable Information without User’s permission and VYALUX does not use Cookies to collect or store Personally Identifiable Information about User.

Access Logs:

VYALUX may automatically collect certain information and store it in log files when User use Services, including internet protocol (IP) addresses, referring/exit pages, operating system, browser type, date/time stamp and clickstream data. VYALUX use this non-personal information to analyze trends, to administer Services, and to gather demographic information about VYALUX’s User base. VYALUX may also record User’s IP address with User’s Personally Identifiable Information to help protect VYALUX and subscribers from abusive Users of Services.

Links to Other Sites:

Services may contain links to other third-party web sites and applications. VYALUX does not provide any Personally Identifiable Information to these third-party web sites and application. Once User enters another web site or application (whether through an advertisement, service, or content link), be aware that VYALUX is not responsible for the privacy practices of such other sites. VYALUX encourages User to look for and review the privacy policy of each and every web site or application that User visits through a link or advertisement on Services. Privacy Policy applies only to information collected by VYALUX through Services.

Protection of Information:

Except as otherwise stated in Privacy Policy, VYALUX does not sell, trade, rent, or otherwise share for marketing purposes User’s personal information with third parties without User’s authorization. VYALUX does share personal information with vendors who are performing services for VYALUX, such as the servers for VYALUX email communications who are provided access to User’s email address for purposes of sending emails from VYALUX. Those vendors use User’s personal information only at VYALUX’s direction and in accordance with Privacy Policy.

VYALUX will not disclose User’s personal information to anyone other than VYALUX’s employees and those third parties with whom VYALUX has a business relationship. In general, the personal information User provides to VYALUX is used to help VYALUX communicate with User. For example, VYALUX uses personal information to contact Users in response to questions, solicit feedback from Users, provide technical support, and inform Users about promotional offers. In general, VYALUX uses non-personal information to help VYALUX improve Service and customize the user experience. VYALUX also aggregates non-personal information in order to track trends and analyze use patterns on the Site.

Privacy Policy does not limit in any way VYALUX’s use or disclosure of non-personal information and VYALUX reserves the right to use and disclose such non-personal information to VYALUX’s partners, advertisers, and other third parties at VYALUX’s discretion. VYALUX will obtain User’s consent in order to share User’s Personally Identifiable Information or Protected Health Information to complete a transaction or to facilitate a consensual interaction between User and a provider through Services, and does not share more Personal Information than is required. VYALUX does not otherwise share Personally Identifiable Information or Protected Health Information with any third parties.

Disclosure of Information:

Except as described in Privacy Policy or as specifically agreed to by User, VYALUX will not disclose any Personally Identifiable Information gathered from User through Services. VYALUX may only release Personally Identifiable Information to third parties to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order or, as deemed necessary in VYALUX’s discretion, to protect the legal or property rights of VYALUX, a subscriber or third-party, or to prevent personal injury. In the event that VYALUX is legally compelled to disclose User’s Personally Identifiable Information to a third-party, VYALUX will attempt to notify User unless doing so might, in VYALUX’s reasonable estimation, violate a law, rule, regulation, or court order.

Security, Encryption, and Confidentiality:

VYALUX uses industry-standard encryption technology to protect User’s privacy. VYALUX limits access to personal information about User to employees who VYALUX believes reasonably need to come into contact with such information to provide products or services to User in order to perform said employees’ jobs. VYALUX has physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about User. It is important for User to protect against unauthorized access to User’s password and to User’s computer or device. It is User’s responsibility to sign off when User is finished using a shared computer or device.

Data Storage:

VYALUX may use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate Services. The VYALUX database is stored on secured servers which may be owned and operated by VYALUX or third-part vendors. VYALUX may store encrypted database backups off site with third-party storage providers to ensure data security in the case of an emergency or catastrophe.

VYALUX may update Privacy Policy. VYALUX will notify User about significant changes in the way VYALUX treats personal information by placing a prominent notice on VYALUX’s application and any related web site. VYALUX may make non-significant changes to Privacy Policy. In these instances, VYALUX may not notify User of such non-significant changes. If VYALUX decides to change Privacy Policy, VYALUX will post changes to Privacy Policy and in other appropriate places throughout Services so that User is aware of what information VYALUX collects, how it is used, and under what circumstances, if any, it is disclosed. VYALUX reserves the right to modify Privacy Policy at any time.

Access to User’s Personal Information:

User can access the personal information User submits to Services at any time by logging into the VYACARE platform with User’s unique username and password. If User wishes to obtain a copy of personal information pertaining to User in portable electronic format, User may request a copy by sending an email to support@vyacare.com with User’s request. If User wishes to change, update, or delete the personal information User has submitted to VYALUX, User may do so by signing into User’s Account on Services or by sending an email to support@vyacare.com with User’s request. User may remove User’s Personally Identifiable Information by contacting VYALUX at: support@vyacare.com and requesting that VYALUX remove said information from VYALUX’s servers. User has the right to withdraw User’s consent to VYALUX’s processing of User’s personal information at any time. Note, VYALUX requires User’s personal information to deliver Service and VYALUX will be unable to deliver Service without User’s consent.

If User is a resident of the European Union and has a complaint regarding VYALUX’s use or processing of User’s personal information, User also has the right to lodge a complaint with a national Data Protection Authority. Each European Union member nation has established its own Data Protection Authority; User can find out about the Data Protection Authority in User’s country here.

Geographic Location:

VYALUX’s offers Service in several geographic regions. VYALUX defines a geographical region as the location where a User is located.

United States – For Users within the United States, VYALUX processes data solely in data centers located within the United States.
European Union – For Users within the European Union, data is transferred securely to VYALUX servers in the United States.
Other Regions – For Users not within the United States or the European Union, data is transferred securely to VYALUX servers in the United States.

VYALUX has adopted reasonable physical, technical, and organizational safeguards against accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure, access, use, or processing of User’s data in VYALUX’s possession for Users regardless of geographic location. For Users located outside of the United States, protections substantially mirror those available to Users located within the United States.

Retention & Deletion:

VYALUX will only retain User’s Personal Information for as long as necessary to fulfill the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements.

In some circumstances, VYALUX may anonymize User’s Personal Information so that it can no longer be associated with User, in which case it is no longer treated as Personal Information.

It is VYALUX’s policy to retain Personal Information for ten (10) years once such Personal Information is no longer necessary to deliver Services and to delete such Personal Information thereafter. This means that, if User closes User’s Account, VYALUX will delete Personal Information associated with User’s Account after ten (10) years. Regarding other types of information VYALUX collects as described in Privacy Policy, it is VYALUX’s policy to also retain such information for then (10) years and to delete such Personal Information thereafter.

COPPA:

VYALUX is committed to protecting the privacy of children. The Children’s Online Privacy Protection Act (“COPPA”) requires that VYACARE inform parents and legal guardians about how VYALUX collects, uses, and discloses personal information from children under the age of 13. Neither VYALUX nor any of VYALUX’s services or products are designed or intended to attract children under the age of 13. VYALUX does not collect Personally Identifiable Information from any person we actually know is under the age of 13. COPPA requires that VYALUX obtains the consent of parents or guardians before collecting, using, or disclosing personal information from children under the age of 13. In compliance with COPPA, a parent or guardian may request to review, delete, or stop the collection of personally identifiable information relating to their child or any child in their legal custody who is under the age of 13. Parents or guardians may review, delete, or stop the collection of Personally Identifiable Information by contacting VYALUX by email using the contact information provided in Privacy Policy. A parent or guardian may use the Services to establish an Account for a minor. The parent or guardian is solely responsible for providing supervision of the minor’s use of Services. The parent or guardian assumes full responsibility for ensuring that the registration information is kept secure and that the information submitted is accurate. The parent or guardian also assumes full responsibility for the interpretation and use of any information or suggestions provided through Services for the minor.

Assignment:

If VYALUX or Services of VYALUX are acquired by or merges with another entity, VYALUX assets, including all proprietary intellectual property and information embedded in Services, and any personal information stored in VYALUX’s databases, will likely be transferred to the new entity. By using Services, User acknowledges and agrees that VYALUX may assign assets and any information stored therein in the event of such a transaction.

If you have a privacy concern or question regarding VYALUX’s Services or Privacy Policy and if you cannot satisfactorily resolve it through the use of Services, you should contact us through the following method:

Email: support@vyacare.com