Privacy Policy

Last updated: December 18, 2019

This Privacy Policy describes how ViVA Performance (“we,” “us,” or “our”) collects, uses, and discloses your personal information as a data controller, and applies to our website (www.vivaperformance.com), our products and services. To the extent permitted by applicable law, you consent to the use of your PI as described in this Privacy Policy each time you visit our website or use our products and services. This Privacy Policy is published in its entirety on our website.

Overview

ViVA Performance LLC (“ViVA Performance”) is a New Hampshire based Limited Liability Company, with sales offices located in Massachusetts and California.

We firmly believe in your right to privacy and reasonable security of your personal information (“PI”). We commit to using any information provided to us in an ethical and responsible manner. Our customers are extremely important to us, and we have a vested interest to provide you with a safe and secure purchasing experience on our website

Except as used in our section discussing the rights of California consumers under the California Consumer Privacy Act (“CCPA”), when we use the term “personal information” in this Policy, we mean information relating to an identified or identifiable natural person, such as an individual’s full name, postal address, email address, telephone number, payment information, and location information. When other data (such as consumer preferences) is directly associated with such information, we also treat this other data as personal information. Any terms, including the term “personal information” used in the Rights Pursuant to the California Consumer Privacy Act (the “CCPA”) section have the same meaning as defined in Cal. Civ. Code Section 1798.140.

What information does ViVA Performance collect from or about me?

We may collect different kinds of information from or about you

Information you provide: When you purchase from ViVA Performance or view our online catalog, we collect information that you volunteer: your name, email address, postal address, phone number, date of birth, payment information, and other information necessary to process your order. We may also collect this information when you register for our "My Account," participate in a contest or sweepstakes promotion; fill out a survey or questionnaire; or contact us (for example via email, "Live Chat"). The information you volunteer to provide to us is added to our customer database.

Information about use of our website: Every time you visit our website, we automatically collect your Internet Protocol (IP) address, Internet service provider's address, the Web page from which you came, and a record of your activity on our site. We may gather some of this information automatically.

Information through marketing emails: If you have opted into our marketing email program, we collect certain information from you, including location information or when you open up our emails, so that we may be able to provide you with personalized messaging and information.

Information from 3rd parties: We may collect information from 3rd parties, including business partners. This may include your contact information from marketing partners when we engage in joint marketing activities, your IP address or location information from service providers to offer certain products and services relevant to you or your location, and data from your social networks to authenticate your product use with us and offer products and services to you, or that you grant permission to our products or services to access.

We may combine information we collect in different ways, and combine it in your customer profile.

How do you use my information?

ViVA Performance collects, processes, and determines how to process your personal information for the following purposes:

Communications: We may use your personal information to communicate with you and process your orders, and to inform you about our policies and terms, as well as information related to your “My Account.” These communications allow us to provide you the products and/or services you have requested, and relate to the relationship between you and us.

In order to process your purchases we may send you a confirmation email or we may contact you by mail or telephone if we have questions about your order. If you do not want to receive such mailings or telephone calls from us, please Contact Us.

Informing you about products or services: With your prior consent, we may use personal information to send you marketing communications; for example, we may periodically send you emails about new products and services, discounts, special promotions or upcoming events, including upcoming contests or sweepstakes, as well as information related to your “My Account.”

If you do not wish to receive such emails in the future, please click the "unsubscribe" link on any promotional email you receive from us.

Improving our products and services: We use your information to help us improve and develop our products, which is necessary for us to provide you with quality products. The information we receive allows us to tailor our product offerings and improve your shopping experience, making shopping easier and more enjoyable. It also enables us to customize the content and layout of our pages. We also use location information to provide you with personalized messaging and information regarding our services.

Promoting safety and security: We use your information in helping verify accounts and user activity, as well as in promoting safety and security, such as by monitoring fraud, investigating suspicious or potentially illegal activity or violations of our terms or policies, protecting our rights, or pursuing available remedies.

To whom do you disclose my information?

We make certain information available to partners that we work with to provide our products and services, or to help us market to customers.

Vendors and Service Providers: In some instances, we use third party companies to help us provide our products and services to you, to assist us in managing customer information, to fulfill promotions and to communicate with you. Some of these companies are given access to some or all of the information you provide to us, and some may use cookies on our behalf.

Advertising Partners: With your prior consent, we may provide your personally-identifiable information, including your name, address, email address, as well as a record of any transactions you conduct on our website or offline with us to a third-party advertising partner and its service providers in order to deliver to you banner advertisements and other advertising tailored to your interests when you are online. Our advertising partners will make the data we provide it anonymous before using it to deliver ads online. We may partner with other service providers that collect information about your visits to our website, your interaction with our products and services, and your visits to other websites to serve ads targeted to your interests on other websites. The information is collected through the use of cookies, and other similar technologies, and does not include your name, address, or email address.    

Corporate Affiliates and Corporate Business Transactions: We may share information with our affiliated companies. In the event of a merger, reorganization, acquisition, joint venture, assignment, spin-off, transfer, or sale or disposition of all or any portion of our business, including in connection with any bankruptcy or similar proceedings, we may transfer any and all personal information to the relevant third party.    

Legal Compliance and Security: In certain special cases, we may disclose your personal information when we have reason to believe that disclosing this information is necessary to identify or contact you, or bring legal action against someone who may be causing injury to you, ViVA Performance, or someone else. We may disclose your personal information when the law requires us to do so, in response to any demand by law enforcement authorities in connection with a criminal investigation, in response to civil or administrative authorities in connection with a pending civil case, governmental authorities or administrative investigation, or in connection with an investigation conducted by ViVA Performance.

Personal Mobile Phone Information

If you have signed up for SMS text messaging from ViVA Performance, except as necessary to provide you with requested mobile messaging, as required by law, to avoid liability, or to protect our rights or property, we will not disclose your Personal Mobile Phone Information to any persons or entities outside of our company, nor lease, license, rent, transfer, disclose, disseminate, or otherwise grant access to such information.

Companies other than ViVA Performance

Our Privacy Policy does not apply to third parties other than ViVA Performance. Companies other than ViVA Performance are sometimes identified on our website, catalog or marketing materials. If you make a purchase from another company's catalog or website, the information you provide to that company, such as your credit card number and contact information, is provided to that company and not to ViVA Performance. Providing this information to the company enables your transaction with the other company to take place. We cannot be held responsible for the privacy practices employed by those third parties, nor are we responsible for the information or content their products and services contain.

What are "cookies" and how does ViVA Performance use them?

A "cookie" is a small data file stored on your computer. At ViVA Performance, we place a unique identifier in the cookie and use the cookie to connect your computer with the information we store for you in our database. Some examples of the data we store in our database includes your account preferences, items added to your shopping bag, user-specific information on pages accessed, and previous visits to our site. Through cookies and similar technologies, we may alert you to new areas that we think might be of interest to you when you return to our site; record past activity at our site; provide advertisements that are tailored to your interests; or customize Web page content.

We do not use cookies to store any of your personal or financial information on your computer.

Your browser or device may offer settings that allow you to choose whether browser cookies are set and to delete them. For more information about these controls and to exercise your cookie preferences, visit your browser or device’s help material. By choosing to accept a ViVA Performance cookie you allow us to maintain the preferences stored in your "My Account" and process your order. If you choose not to accept the cookie, you will not be able to use certain features of our website and services, including making purchases on the site.

European Union Rights and Choices

Residents of the European Union have the right to access, correct, or delete the personal information that we collect. They are also entitled to object to or restrict, at any time, the further processing of their personal information. They have the right to receive their personal information in a structured and standard format.

To protect the privacy and the security of European Union residents’ personal information, we may request information from them to enable us to confirm their identity and right to access such information, as well as to search for and provide them with the personal information we maintain. There are instances where applicable laws or regulatory requirements allow or require us to refuse to provide or delete some or all of the personal information that we maintain.

Residents of the European Union may contact us to exercise their rights. We will respond to such requests in a reasonable time frame, and in any event in less than 30 days. Residents of the European Union may also lodge a complaint with the competent data protection authority regarding the processing of your personal information.

California Privacy Rights

Rights Regarding Personal Information Used for Marketing

If you are a California resident, California law permits you to request information regarding the disclosure of your personal information to third parties for the third parties’ direct marketing purposes. You may contact us to exercise your rights. We do not knowingly collect, use, or disclose information from children under 18. However, if you are a California resident under the age of 18, and you are a registered user of our products or services, California law permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please contact us with specific information about where the content or information is posted and attesting that you posted it. We will then make reasonable, good faith efforts to remove the post from prospective public view, or anonymize it so you cannot be individually identified, to the extent required by applicable law.

California Privacy Rights Pursuant to the California Consumer Privacy Act (the "CCPA")

California law requires businesses to disclose information regarding the rights of California residents pursuant to the CCPA. Any terms defined in the CCPA (Cal. Civ. Code Section 1798.140) have the same meaning when used in this section. California residents may request that ViVA Performance disclose to them following information covering the preceding 12 months:

  1. The categories of personal information ViVA Performance has collected about them;
  2. The categories of sources from which the personal information was collected;
  3. The business or commercial purpose for collecting or selling personal information;
  4. The categories of third parties with which VIVA Performance shares personal information;
  5. The categories of personal information about them that ViVA Performance has sold and the categories of third parties to which the personal information was sold;
  6. The categories of personal information about them that ViVA Performance disclosed for a business purpose and the categories of third parties to which the personal information was disclosed;
  7. The specific pieces of personal information ViVA Performance has collected about them.

A California resident may request the disclosure of the information listed above by emailing us at parts@vivaperformance.com. Such a request may be referred to as a right-to-know request. Pursuant to California law, ViVA Performance will verify a California resident’s identity before complying with such a request. For right-to-know requests, ViVA Performance will verify a California resident’s identity by matching the resident’s full name, email address, and telephone number with existing records. Additionally, to verify right-to-know requests for specific pieces of personal information, ViVA Performance requires a signed declaration under penalty of perjury that the requestor of the information is the resident to whom the personal information requested pertains. Therefore, after receiving a request for specific pieces of personal information ViVA Performance will contact the requesting California resident to obtain the signed declaration. If ViVA Performance cannot verify a California resident’s identity from the information already in its existing records, ViVA Performance may request additional information from the California resident which will only be used for the purposes of verifying the identity of the resident seeking to exercise their rights under the CCPA and for security or fraud prevention purposes. ViVA Performance will inform the California resident if it is unable to verify the resident’s identify.

A California resident has the right to request that ViVA Performance delete any personal information about the resident that it has collected from the resident, and that ViVA Performance direct any service provider to delete such personal information from its records. Such a request may be referred to as a request to delete. However, pursuant to the CCPA, a California resident’s personal information may not be deleted under certain circumstances, including where maintenance of their personal information is necessary to: complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, to provide a good or service that they requested or that is reasonably anticipated within the context of their ongoing business relationship with ViVA Performance, or to otherwise perform a contract between ViVA Performance and the California resident; to detect security incidents, protect against or prosecute fraudulent or illegal activity; to enable solely internal uses that are reasonably aligned with their expectations based on their relationship with ViVA Performance; to comply with a legal obligation; or to otherwise use their information internally in a lawful manner that is compatible with the context in which they provided the information. For more information about these and other situations in which ViVA Performance may not delete a California resident’s information, please see Cal. Civ. Code Section 1798.105(d).

A California resident may request the deletion of personal information collected from the California resident by emailing us at parts@vivaperformance.com. Before deleting such personal information, ViVA Performance will verify the California resident’s identity, as required by the CCPA. For deletion requests, ViVA Performance will verify a California resident’s identity by matching the resident’s name, email address, and telephone number with its existing records. If ViVA Performance cannot verify a California resident’s identity from the information already in its existing records, ViVA Performance may request additional information from the California resident which will only be used for the purposes of verifying the identity of the resident seeking to exercise their rights under the CCPA and for security or fraud prevention purposes. ViVA Performance will inform the California resident if it is unable to verify the resident’s identify and will instead treat the request as a request to opt-out of sale.

A California resident may use an authorized agent to submit a right-to-know request and a request to delete. To use an authorized agent, the California resident must provide the agent with written authorization. In addition, the California resident may be required to verify their own identity with ViVA Performance. ViVA Performance may deny a request from an agent that does not submit proof that they have been authorized by the California resident to act on their behalf. Such requirements, however, will not apply where a California resident has provided the authorized agent with power of attorney pursuant to Cal. Prob. Code Sections 4000 to 4465.

A California resident has the right, at any time, to direct ViVA Performance not to sell their personal information. This right may be referred to as the right to opt-out. A California resident may opt out of the sale of their personal information by emailing parts@vivaperformance.com. If ViVA Performance has a good faith, reasonable, and documented belief that a request to opt-out is fraudulent, it may deny the request. A California resident may use an authorized agent to submit a request to opt-out on the California resident’s behalf. The California resident must provide the agent with written authorization to do so. ViVA Performance may deny a request from an agent that does not submit proof that they have been authorized by the California resident to act on the California resident’s behalf.

ViVA Performance does not have actual knowledge that it collects or maintains the personal information of individuals under the age of 16. Therefore, ViVA Performance does not sell the personal information of a California resident it has actual knowledge is under the age of 16 without affirmative authorization (known as “opt-in”).

In the preceding 12 months, ViVA Performance has collected the following categories of personal information about California residents from the following sources and for the following purposes. The CCPA requires that ViVA Performance refer to specific categories of personal information enumerated in the CCPA. ViVA Performance may collect only certain pieces of personal information described in a given category and may not collect certain pieces of personal information described in each category.

Category of Personal Information CollectedCategory of Source of CollectionBusiness or Commercial Purpose of Collection
Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers We collect this information from California residents online, our customer service center, and social media. We also collect this information from a third party marketing provider. Promoting safety and security; processing customer requests and transactions; marketing; website optimization; improving, and developing our products and services
Categories of personal information described in subdivision (e) of Cal. Civ. Code Section 1798.80 (Any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information) We collect this information from California residents online, our customer service center, and social media. We also collect this information from a third party marketing provider. Promoting safety and security; processing customer requests and transactions; marketing; website optimization; improving, and developing our products and services
Characteristics of protected classifications under California or federal law We collect this information from California residents online. We also collect this information from a third party marketing provider. Processing customer requests; improving, and developing our products and services
Commercial information, including records of personal property, products or services  purchased, obtained, or considered, or other purchasing or consuming histories or tendencies We collect this information from California residents online, our customer service center, and social media. We also collect this information from a third party marketing provider. Processing customer requests and transactions; marketing; improving, and developing our products and services
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet web-site, application, or advertisement We collect this information from California residents online, SMS messaging, our customer service center, and social media. We also collect this information from a third party marketing provider. Processing customer requests and transactions; marketing; improving, and developing our products and services
Geolocation information We collect this information from California residents online. Marketing; improving, and developing our products
Audio, electronic, visual, thermal, olfactory, or similar information We collect this information from California residents online, our customer service center, and social media. Processing customer requests and transactions; marketing; providing, improving, and developing our products and services
Biometric information We collect this information from California residents through social media. Marketing
Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes We collect this information from California residents online, SMS messaging, our customer service center, and social media. We also collect this information from a third party marketing provider. Processing customer requests; marketing; website optimization; improving, and developing our products and services

 

In the preceding 12 months, ViVA Performance has not sold any personal information about California residents to third parties.

In the preceding 12 months, ViVA Performance has disclosed for a business purpose the following categories of personal information about California residents to the following categories of third parties, to the extent the disclosure was made to a third party.

Category of Personal Information Disclosed for a Business PurposeCategory of Third Party to Which Personal Information Disclosed, To The Extent Disclosed To a Third Party
Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers Printers for direct mail; marketing providers; analytics provider; delivery service providers; sweepstakes provider; customer care and experience provider; parent company
Categories of personal information described in subdivision (e) of Cal. Civ. Code Section 1798.80 Printers for direct mail; marketing providers; analytics provider; delivery service providers; customer care provider; parent company
Characteristics of protected classifications under California or federal law Marketing providers; analytics provider; customer care provider; parent company
Commercial information, including records of personal property, products or services purchased, obtained or considered, or other purchasing or consuming histories or tendencies Marketing providers; analytics providers; delivery service providers; customer care provider; social media users; parent company
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement Analytics provider; customer care provider; social media users; parent company
Audio, electronic, visual, thermal, olfactory or similar information Customer care provider; social media users; parent company
Biometric information Social media users; parent company
Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes Marketing providers; analytics provider; customer care and experience provider; parent company

 

How is my information protected?

We have implemented physical, technological, and organizational safeguards and security measures designed to protect against the loss, misuse, or unauthorized access or disclosure of your personal information under our control. We also take measures to protect the personal information we disclose to third parties, for example by entering into contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used. Please be aware that, despite our efforts, no security measures are perfect or impenetrable. You can help us by protecting and keeping your passwords safe at all times, and not using the same password for different applications or sites. You also can protect yourself and help us reduce the risk of fraud by promptly notifying us if you suspect that your credit card, user name or password is lost, stolen or used without permission. In the event of a security breach, we will promptly notify you and the proper authorities if required by law.

We will retain your personal information for as long as it is necessary to fulfill the purposes outlined in this Privacy Statement, unless a longer retention period is required or permitted by law.

Changes to this Privacy Policy

We may periodically change this Privacy Statement and expect most changes to be minor. Any non-material changes will take effect immediately upon posting of an updated Privacy Policy. For any significant changes to the Privacy Policy, we will provide you with a prominent notice of such changes, such as on the homepage of our website.

Where applicable, your continued use of our Site after the effective date of this Privacy Policy means that you accept the revised Privacy Policy. If you do not agree to the revised Privacy Policy, please refrain from using our website.

Reviews, Comments, Posts

Customer of ViVA Performance may post reviews and comments so long as the content is not illegal, obscene, threatening, defamatory, does not contain viruses, commercial solicitation, or may be considered any form of "spam." You may not use a false e-mail address, impersonate any person or entity. We reserve the right to remove or edit such content at our discretion.