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Vitamix Privacy Statement

Effective Date: September 2024

This Privacy Statement (“Privacy Statement” or “Statement”) sets out the privacy practices for Vita-Mix Corporation, Vita-Mix Holdings Company, Vita-Mix Manufacturing Corporation, and Vita-Mix Management Corporation (“Vitamix”, “us” or “we”) with respect to information we obtain from and about individuals interacting with Vitamix and its websites, including Vitamix.com (our “Site”) including all other websites, mobile applications, products and services operated by us that link to this Privacy Statement (together with our Site, the “Services”). This Statement does not apply to job applicants or Vitamix employees.

This Privacy Statement, together with our Terms of Use and any other documents referenced, describes the personal information that we may collect from you, or that you may provide on or through our Services, and how that information may be used or disclosed by us. This Privacy Statement also describes the choices available to you regarding the use of, your access to, and how to update and correct your information. This Privacy Statement does not apply to information that we may collect through any other means, or to information collected on any other company, affiliate, or third-party site, or by any third-party application that may link to or be accessible through our Services.  

If we make any changes to this Statement we will take reasonable steps to notify you by means of a prominent notice on our Site prior to the change becoming effective. The most current version of the Statement may be reviewed by clicking on the “Privacy” link located at the bottom of our Site. This Privacy Statement is effective from the date set out at the top of this Privacy Statement or, if earlier, the date that the update is first advised to you or posted on our Site. Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the Statement periodically for updates.

By accessing or using our Services, you agree to the terms of this Privacy Statement. If you do not agree with any part of this Privacy Statement, you must immediately stop using our Services.

If you are visiting our Site from the European Union (“EU”) or where applicable EU data protection laws so provide, please see Section 10 on your EU Privacy Rights for additional information. Similarly, if you are a California resident, please see Section 11 regarding additional rights afforded to you under California law.

Privacy Statement Contents

  1. Personal Data Collected
  2. How We Process Your Personal Data and On Which Legal Grounds
  3. With Whom We Share Personal Data
  4. Your Choices
  5. Retention of Data
  6. Security of Data
  7. Links to and Privacy Statements of Third-party Sites
  8. Children’s Privacy
  9. International Transfers of Your Personal Data
  10. Your EU Privacy Rights
  11. Your California Privacy Rights
  12. Your Australia Privacy Rights
  13. Contact Information

  1. Information We Collect

    To ensure that we provide you with the best possible experience, we will collect, store, use, and share information about you in accordance with this Privacy Statement. The following sections explain how we collect information about you. Please note, the length of time we intend to retain your information, including sensitive information, is for as long as reasonably necessary to carry out our intended business purpose for such information.

    (a)Sources of Information

    In connection with the use of our Services, we may collect “Personal Data” which is any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular user, household or device. Personal Data is collected directly from you when you:

    • Register with us for an ecommerce store account, register your product, register your email address with us, or opt in to receive newsletters;
    • Enter sweepstakes or contests sponsored by us;
    • Sign up for our Vitamix Loyalty Program;
    • Sign up for special offers from select third parties;
    • Send email messages or feedback, submit forms or transmit other information by email;
    • Interact with Vitamix on social media;
    • Submit your credit card or other payment information when ordering and purchasing products and services on our Site or by phone, or in person;
    • Contact Vitamix directly, including by phone, mail, or any type of electronic message for sales, service, information, warranty, or customer support;
    • Complete a survey;
    • Interact with our Services;
    • Sign up for text messaging; or
    • Engage with website chat tools.

    Please seeSection 4 below on Your Choices in order to correct or amend Personal Data that you have already submitted to us. It is your responsibility to provide us with accurate data, and to provide us with updated Personal Data when it changes.

    In some countries we use third-party local distributors to supply and maintain our Services including providing customer support. Where we use a third party they will collect, on our behalf, all of the information we usually collect directly from you as described above and transfer it to us in the United States of America.

    When you interact with our Services, we also automatically collect information about you and your use of the Services through the use of log processes, cookies, location-identifying technologies, and other tracking technologies. For more information on cookies and other automatic collection tools, see our Cookie Policy at the end of this Privacy Statement. Certain information is collected about you from third parties, including when you connect through a third-party service or business partner site or when information is shared by merchants and business partners with whom you’ve also interacted. Please find additional details related to information collection below.

    If you don’t provide your Personal Data to us, you may not be able to access or use our Services or your experience when using our Services may not be as enjoyable.

    (b) Categories of Information We May Collect

    The information we collect about you may include the following types of Personal Data:

    • Identifiers that you provide us directly, such as your first and last name, postal address, email address, tax information (for sweepstakes, contest, and promotion winners), and/or phone number.
    • Identifiers collected through your use of the Services, such as unique online or device identifiers, an IP address, device or session IDs and information regarding your system configuration (operating system and version), network, and connected hardware (e.g., computer type).
    • Customer Record Information, such as payment account name, payment account number, payment card expiration date and billing address.
    • Protected Classification Characteristics, such as your gender, age, household income, marital status, or your inclusion in any other classification protected under California law, only to the extent you provide this information to us as demographic information in a survey response that is identifiable to you.
    • Commercial Information about you, such as records of products, product types, merchants, merchant types, goods or services purchased, obtained, or considered by you, including products, merchants and coupons you searched for, viewed or clicked, items added to the cart and abandoned, shopping trips initiated, merchant sites visited from our Services, transaction history related to our Services, purchase confirmation data, and loyalty currency.
    • Internet and other Network Activity, such as your browsing and search history and your interactions with our Site and Services, including:
      • Products, coupons, offers, or merchants you search, click, favorite, and/or view, including clicks you make on the merchant sites you visit through the use of our Services;
      • URLs of the web pages you visit, including those tracked by our cookies;
      • Date and time stamps associated with such browsing, searches, and clicks;
      • Click stream data, meaning the page by page clicks that you make as you navigate through our Services, including the web page visited before you came to our website; and
      • Locale preferences for your use of the Services.
    • Member account credentials, including username and password.
    • Audio/visual information (photographs, images, video and other user-generated content such as materials that you may submit for contests or sweepstakes)
    • We use this information to interact with you on the Site and through social media, as well as to facilitate participation in our contests and sweepstakes.
    • Inferences drawn about you and your likely preferences, characteristics, behavior, and attitudes from any information we collect about you, except “sensitive” information.
    • In some jurisdictions, certain types of information we collect may be considered “sensitive” personal information including:
      • Demographic information, such as your gender, age, household income, or marital status, only to the extent you provide this information to us as demographic information in a survey response that is identifiable to you, and
      • Precise geo-location data, to the extent you have configured your device to disclose such information to us.

    Please note that Vitamix will not directly solicit or use biometric or health-related information from you, but if that information is voluntarily provided in an email, social media post, recorded telephone call, or other communication, it will be stored on our systems.

    California Do Not Track Disclosures

    When you visit a website (such as Vitamix’s Site), your browser automatically shares certain information with that website, such as your IP address and other device information, which may also be considered Personal Data under applicable laws. Some of this information may also be sent to third-party content providers (for example: advertisers, website analytic companies, etc.) that provide content on the Site. Such sharing may allow our Services and/or content providers to track you over time and across multiple websites. At this time, Vitamix’s Site does not respond to Do Not Track beacons sent by browser plugins as there is not yet a common agreement about how to interpret Do Not Track signals from browsers.

  2. How We Use Your Information

    We use the information we collect about you for the business and commercial purposes set out below:

    (a) Providing our Services

    We use the information that you directly provide to deliver the Services to you. This includes allowing you to log in to your account, operating and maintaining the Services, and giving you access to your incentives and offers. We also use information we collect about you automatically to remember you so that you will not have to re-enter certain information during your visit or the next time you visit the Site. Additional uses include:

    • Providing our products or process your orders.

       

    • Sending you administrative notices to inform you about important changes in our contractual relationship – this is necessary for the performance of a contract with you or for our legitimate interest to do so.
    • Managing your account and interaction preferences, including tracking your favorite products, preferred locales, and your transaction history.
    • Facilitating and managing your purchase transactions from our incentives or rewards programs.
    • Delivering your rewards or payments and identifying opportunities for rewards and/or offers.
    • Sending you technical notices, updates, security alerts and administrative messages.
    • Providing you with member services and support regarding your account and replying to your questions, comments, and requests.

    (b) Personalizing and improving our Services

    We use and combine the information you provide us and information about you that we collect automatically and receive from other sources and combine it with information about the behavior of other users to make sure that your use of the Services is customized to your needs. This includes, but is not limited to, using information we collect about you to create a profile of your preferences to personalize and tailor Services content so that it is more likely to be of interest to you. For example, we may use your most frequently visited products or shopping history to display offers for similar stores in relevant parts of the Services or to present special offers that may interest you via our Services.

    We may also use information we collect about you to identify usage trends and perform statistical analyses to improve our Services, websites, applications, marketing efforts, and the products and services of our business partners we recommend or offer, in order to provide a better service to you in the future.

    (c) Providing marketing information

    We may use information we collect about you to provide you more personalized offers, special offers, discounts, and/or more relevant offers from our participating merchants via email and other direct communications, and through digital advertising. We may use your information to directly send you email newsletters, rewards offers, discounts, promotion codes, events and general information about the Services.

    You can manage these direct marketing communications as provided in Section 4 (Your Choices) below. We may also use your information to advertise to you online, including targeting advertising to you on other websites. You can opt out of use of your Personal Data for targeted online advertising as provided in Section 4 (Your Choices) and Section 5 (Your Rights).

    (d) Protecting you and our business

    We may use collected information to assess risk and to investigate and limit fraud, spam, and other malicious online activities in our Services, and to improve our security measures. We may also use collected information to assert our legal rights or to defend our legal rights against third parties. We use information about you and from within your account to monitor activity that we think is suspicious or potentially fraudulent, and to identify violations of this Privacy Statement or our Terms of Use.

    We also may use information we collect about you to enable us to comply with applicable laws, rules, regulations, and judicial authorities in each geographical region in which we operate.

    (e) Administering rewards, surveys, polls and promotions

    From time to time, we may invite you to enter or register for various rewards programs, sweepstakes, surveys, polls, and promotions. If you choose to participate in a rewards program or promotion, your personal information may be used to administer the program, such as to determine your eligibility for the program or to award an incentive (or, reward).

    If you choose to participate in a survey or poll, the feedback you submit will be aggregated and deidentified to provide us insight on business and shopping trends. We maintain this information in a deidentified manner and do not attempt to re-identify it.

  3. How We Disclose Information

    Except as described in this Privacy Statement or the Terms of Use, we will not share your information with third-parties without your notice and consent, unless it is under one of the circumstances described below. Additionally, you should be aware that when you voluntarily disclose your Personal Data in any public areas on this Site, that Personal Data, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control. If you do not want your comments to be viewed by third parties, you are advised not to make any public submissions.

    (a) Disclosure to our service providers

    We may disclose all categories of your collected information, as necessary, with our third-party service providers (which may include our affiliates) who perform various business operations, solely for our benefit or on our behalf, under our instructions and in compliance with appropriate contractual, technical and organizational security measures to protect your data from unauthorized use, retention, or disclosure.

    For example, we may partner with other companies to provide you member support services, authentication services, prevent fraud on our Services, process payments, administer our promotions, referral programs, sweepstakes, and surveys, perform analytics, maintain the accuracy of our databases, deliver direct marketing and communications, limit delivery of repetitive or unnecessary marketing or communications, facilitate gift card purchases, fulfill product purchases, and administer your rewards or payments.

    Additionally, we need to share your Personal Data with other third parties in order to deliver the requested products or services. In particular, we must release your credit card or other payment information (such as Apple Pay data) to the card-issuing bank or a payment provider to confirm payment for products and services you purchase from us. We also share your Personal Data with accounting and consulting firms and external counsel. We may use third parties to perform other functions including fraud screening providers, e-commerce service providers, analytics providers, data hosting providers, and other companies that help us improve our products and services. We may disclose your Personal Data to these third parties performing services in the United States or other locations where Vitamix or our service providers maintain facilities or operations. For the purposes of fraud prevention or misuse of services, we may share your Personal Data with Forter, Inc. when you place an order on our website. This is a common process and we use one of the most respected third-party providers of fraud screening services in Forter, Inc. Forter Inc. may use such information in accordance with the Forter privacy policy accessible here: https://www.forter.com/service-privacy-policy/.

    We require that such service providers comply with applicable laws, and have security, privacy and data retention policies consistent with our policies. Lastly, we may also aggregate or otherwise strip the information we collect of all personally identifying characteristics and may share that aggregated and anonymized data with third parties (services providers and business partners alike).

    (b) Disclosure to our business partners

    We work with various types of third-party business partners to offer you our Services. We may disclose the following types of information with the following types of business partners:

    • Retail and Distributor Partners: When you click on a link to a merchant site presented on our Services (for example, using the”Where to Buy” service), you evidence your intent to interact with that business through our Services, and thereby are directing us to disclose certain information about you (including the link you clicked in our Services and a unique ID assigned to track that your shopping originated from our Services) to a retailer or distributorto properly account for your purchases with a merchant. The Retailer or Distributor Partner may collect Internet and Network Activity information about your use of our Services in relation to the merchant site, products, or offers. Our Retailer or Distributor Partners may collect this information to track the shopping trip, but some of them may also use this information to measure performance, contribute it to their own user profiles and/or combine it with information they collect elsewhere, which they may make available for use by their other business clients.
    • Digital Advertising Partners: To provide us with advertising and marketing services, we partner with certain service providers that automatically collect Internet and Network Activity information about your use of the Services, such as your browsing history, IP address, pages viewed, and links clicked, so that they can use this information to serve you ads for our Services on other sites you visit. Some of these third parties may also use this collected information to draw inferences about you for their own purposes or separately collect personal information about your online activities over time and across different websites (in addition to our Services) to help predict your preferences and to display (and enable other third parties to display) ads to you that are more likely to be of interest to you. You have the right to opt out of our sharing of your information with certain third parties for the purposes of cross-context behavioral or targeted advertising. To exercise this right, you can opt out via the instructions in Section 5 below. Note that this Privacy Statement covers only our use of data and does not include further use of data by third parties. If you wish to opt out of interest-based advertising in general, please visit http://www.aboutads.info/choices/.

    In addition to the limited extent that we target direct marketing to you or personalize the offers you see in our Services based on the profile data we compile from your behavior tracked via our Services, for the direct benefit of a particular merchant, this marketing or personalization may also be considered “selling”, “sharing”, or processing for the purposes of “targeted advertising” of your personal information. In this circumstance, the opt out we provide in Section 5 below, would cover this type of targeted marketing and personalization.

    (c) Disclosure in connection with a merger, acquisition or reorganization

    We may share, sell or transfer your information to third parties in connection with or contemplation of (including as part of the due diligence process) any merger, acquisition, reorganization, financing, sale of assets, bankruptcy or insolvency event involving our company or any portion of our assets, services or businesses. Information such as customer names and email addresses, and other user information related to the Services may be among the items shared, sold or otherwise transferred in these types of transactions.

    We will take reasonable steps to notify you if such a transaction takes place and will provide notice of any material changes to the way we handle your data under this Privacy Statement. All or part of your Personal Data may be transferred to a third party, new business or owner as a result of such arrangements or transactions, in accordance with applicable laws, however, your Personal Data will continue to be protected by any pre-existing Privacy Statement of Vitamix, unless you agree otherwise or we subsequently update it in accordance with this Privacy Statement.

    (d) Disclosure for legal purposes

    Occasionally we may be required by law enforcement or other public authorities as well as judicial authorities, courts or tribunals to share Personal Data with them or other parties. We will disclose Personal Data upon receipt of a court order, subpoena, warrant, or other legal process to the extent necessary to meet legal, national security, public interest, or law enforcement obligations or defend our interests in legal, administrative or other proceedings, which may require us to share Personal Data with other parties to the proceedings and their external counsel. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

    We may disclose the information we collect, including personal information, to the extent permitted by applicable law, (i) in response to subpoenas or other legal processes or if, in our good faith opinion such disclosure is required or permitted by law without a specific disclosure; (ii) at the request of governmental authorities conducting an investigation; (iii) to enforce our terms and conditions or other policies applicable to our Services; and (iv) to protect the rights, property, life, health, security and safety of our company or any third party.

  4. Your Choices

    We want to provide you with relevant information that you have requested. When possible, we will provide options as to what information we collect and how you can manage any preferences that pertains to such information.

    (a) Account information and communications preferences

    Account Information

    We strive to maintain and process your information accurately. We have processes in place to maintain all of our information in accordance with relevant data governance frameworks and legal requirements. We employ technologies designed to help us maintain information accuracy on input and processing.

    Where we can provide you access to your personal information in our possession, we will ask you for a username and password to help protect your privacy and security. We recommend that you keep your password safe, that you change it periodically, and that you do not disclose it to any other person or allow any other person to use it. 

    Additionally, we provide choices about how we process your account information:

    • You can correct or delete the data in your account in your account settings;
    • You can request access, correction or deletion of certain data related to you that we possess by contacting privacy@vitamix.com (please include your name, address, and/or contact information when you contact us); and
    • You can opt out of receiving marketing messages in your account settings or by clicking on the “unsubscribe link” provided in such communications.

    It is possible that you may be denied access to your Personal Data. For instance, access can be denied when: giving one person access would compromise another’s privacy rights; disclosure is likely to interfere with the safeguarding of national security, defense, or public security; and disclosure could interfere with law enforcement or legal actions. These are only examples, and access may be denied in other situations in compliance with applicable laws. For additional information about EU rights, please see Section 11 below.

    Communications Preferences

    If you do not wish to receive information regarding our products, services, special offers and upcoming events, please click on the “Unsubscribe” link shown on our emails and electronic newsletters to you or contact us at the address or email address listed below and we will remove your name from our mailing lists.  We collect your mobile number if you opt in to receive text messages. You may unsubscribe at any time by following the instructions linked to each text message, or texting “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed.

    Please note that even if you opt out of receiving promotional communications, we may continue to send you non-promotional emails and other types of communications, as permitted by law, such as service emails relating to our ongoing business relationship. Service emails contain service-related announcements that affect your account, such as product order confirmations, reward or payment updates, and responses to your comments and feedback submitted to us.

    You may have the opportunity to receive SMS or “text” messages, pre-recorded voice messages or auto-dialed phone calls from us, our affiliates and related entities as well as certain third parties. Such messaging may be used to authenticate your identity or mobile device, as well as provide you informational updates about services or products you may have requested. In providing your mobile device number or cell phone number to us, you knowingly consent to such communications or for us to use your cell phone number or mobile device number in accordance with our Terms of Use.

    In providing your phone number, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to us, or from which you sent the text message request to us. You further acknowledge that no purchase is required to opt in to this service, and you may opt out at any time by following the instructions provided in our communications to you. Any such communications you receive from us will be administered in accordance with your preferences and this Privacy Statement.

    (b) Data collection and sharing preferences

    You may have the option to decline to provide us with certain information; however, your choice may impact your use of certain features or services for which that information is a necessary component.

    • Opting out of collection of your information through tracking technologies: Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents us or our business partners from tracking your browser’s activities in relation to the Services, and for use in targeted advertising activities, including via third-party websites. However, doing so may disable many of the features available through the Services. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, please read our Cookie Policy provided at the end of this Privacy Statement or you can contact us directly at privacy@vitamix.com.
    • Opting out of third-party data use: As described above, we may combine information about you with information obtained from third-party sources to better understand your profile and interests so that we can deliver customized offers and other personalized services. You can opt out of our collection of more data about you from third-party providers to tailor your experience and messages we send you by changing your account settings or emailing us at privacy@vitamix.com.
    • Managing how we analyze your data for analytics: You can manage your preferences related to how we and the third-party service providers we engage enable functionality within the Services, including, how we or such service providers may use your data for training AI through the use of machine learning technologies. This can be done through your account or by emailing us at privacy@vitamix.com.

  5. Your Rights

    You have certain rights in relation to your personal information under applicable laws, subject to certain exceptions.

    (a) General consumer rights

    Some state laws in the United States provide consumers with additional rights with respect to their Personal Data as that term is defined under those applicable state laws. Such state laws may include, but are not limited to, the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (the “CCPA”), the Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act (“CTDPA”), the Utah Consumer Privacy Act (“UCPA”), and the Virginia Consumer Data Protection Act (“VCDPA”)..

    Any Personal Data we collect is collected for the commercial purpose of effectively providing our Services to you, as well as enabling you to learn more about, and benefit from, our Services. If you reside in a state that provides additional rights with respect to your personal information, you may exercise each of your rights as identified below, subject to our verification of your identity.

    • Access: You have the right to request that we disclose certain information to you about our collection, use and disclosure of your personal information over the past twelve (12) months. Any disclosures we provide will only cover the 12-month period preceding the receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
    • Correction: You can correct what personal information our Services’ database currently contains by accessing your account directly, or by contacting us to request that we correct or rectify any personal information that you have provided to us.
    • Limit Use and Disclosure of Sensitive Personal Information: If we collect any sensitive personal information, you have the right to request that we limit the use of the sensitive personal information that we use and which is necessary to provide the Services or provide the goods reasonably expected by an average consumer who requests those goods or services.
    • Portability: Upon request and when possible, we can provide you with copies of your personal information.  When such a request cannot be honored, we will advise you accordingly.  You can then choose to exercise any other rights under this Statement.
    • Deletion:  You have the right to request that we delete any of your personal information, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. Where applicable, we will ensure such changes are shared with trusted third parties.
    • Non-Discrimination: If a data subject exercises his or her rights under applicable state law, including but not limited to the CCPA, CPA, CTDPA, UCPA, and VCDPA, we shall not discriminate against that data subject by denying our goods or services, charging different prices or rates to similarly situated consumers, providing a different level or quality of our goods or services, or taking any other adverse action.
    • Exercising Your Rights: If you are a data subject that has rights under applicable state law, including but not limited to the CCPA, CPA, CTDPA, UCPA, and VCDPA, who chooses to exercise the rights listed above, you can submit a request at privacy@vitamix.com. or call us at1-800-848-2649.

    Please note that only you, or someone legally authorized to act on your behalf, may make a request related to your personal information.  If an authorized agent makes a request on your behalf, we may require proof that you gave the agent permission to submit the request.  

    Personal Data Opt Out

    As described in this Privacy Statement, certain disclosures of information to our merchant partners, third parties or affiliates in order to provide you rewards and benefits and for our targeted marketing purposes may be considered “selling”, “sharing”, or processing for the purpose of “targeted advertising” under applicable U.S. state privacy laws.

    Please note that to the extent you opt out of certain disclosures we may be unable to offer you some of our services which require such disclosures. If you have further questions, you can contact us using the information listed in the “Contact Us” section, below.

    Responding to Your Request

    Upon receiving your request, we will confirm receipt of your request by sending you an email confirming receipt. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the personal information. In some instances, such as a request to delete personal information, we may first separately confirm that you would like for us to in fact delete your personal information before acting on your request.

    We will respond to your request within forty-five (45) days. If we require more time, we will inform you of the reason and extension period in writing. In some cases, our ability to uphold these rights for you may depend upon our obligations to process personal information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the Services you have requested. Where this is the case, we will inform you of specific details in response to your request.

    You may have the right to appeal our decision regarding your privacy rights request, depending on your state of residence. You may submit an appeal request by emailing us at privacy@vitamix.com and we will respond according to the law applicable to your location of residence.

    (b) Other rights and notices

    • Shine the Light: California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. Pursuant to California Civil Code Section 1798.83, we will not disclose or share your personal information with third parties for the purposes of third-party marketing to you without your prior consent.
    • Your Australia Privacy Rights: If you are a resident of Australia, the following rights are available to you under the Australian Privacy Act 1998 (Cth): (i) You have the right to request access to your Personal Data held by us, and (ii) You have the right to request the reasonable correction of your Personal Data held by us that is not accurate, up to date, complete or relevant or that is misleading.
    • Notice Regarding Information of Minors: Our Services are intended for adults 18 years of age or older and we do not intentionally seek to gather, sell, or share personal information of consumers under 16 years of age without affirmative authorization or without verifiable opt-in consent from a parent or guardian for those under the age of 13. We do not target the Services to minors and would not expect them to be engaging with our Services.  We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly on the internet.  If we are aware of any personal information that we have collected about minors, we will take steps to securely remove it from our systems.
    • Retention of Data: We will keep your information only for as long as reasonably necessary to fulfill the purposes for which information is collected as stated herein; for as long as is necessary for the performance of the contract between you and us, if any; and to comply with legal and statutory obligations, such as in tax, trade and corporate laws. When we no longer need your information for our purposes, we will destroy, delete or erase that information or convert it into an anonymous form. Please note, some of your information may be retained in our systems even after you request your information to be deleted if an exception applies, or in order to comply with our obligations under applicable law, collect fees owed, resolve disputes, enforce our legal rights, undertake any investigations necessitated by the foregoing, or otherwise use internally in a lawful manner that is reasonably aligned with your reasonable expectations or compatible with the context in which the information was provided.
    •  Security of Data: Vitamix will take reasonable steps to protect your information in our possession from loss, misuse, unauthorized access, disclosure, alteration, and destruction. For example, we use security measures including safeguarding and monitoring our network and controlling access to our files, equipment, and buildings. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from us, at all times. However, we cannot ensure or warrant the security of any information you transmit to us or guarantee that information on the Services may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of third-party sites and services that you use in connection with the Services. We are not responsible for the functionality or security measures of any third party.

  6. Links to and Privacy Statements of Third-party Sites

    This Statement only applies to the processing activities of Vitamix, including as it relates to the Personal Data collected from this Site. Once you click on a link to another website (“Linked Site”), you are no longer on this Site. This Statement does not apply to the content or privacy practices of any Linked Site and Vitamix is not responsible for the operation of such Linked Sites. We encourage you to read the privacy statements of each and every website or Linked Site that collects Personal Data. You should contact advertisers, other websites or Linked Sites directly if you have any questions about their privacy policies or their use of the information they collect.

  7. International Transfers of Your Personal Data

    By using the Site or providing Personal Data to Vitamix or its distributors or processors, you consent to, your Personal Data being transferred to the United States where Vitamix is headquartered. If you are not a resident of the United States, your country’s laws governing data collection and use may differ from those in the United States. For example, the data protection laws of the United States have not been found by the European Commission to provide the same level of protection as EU data protection law. Some of the third parties with whom we share your Personal Data are also located in third countries that do not provide the same level of protection to your Personal Data. Certain third countries have been officially recognized by the European Commission as providing an adequate level of protection (list available here). Transfers to third parties located in other third countries outside the European Economic Area (“EEA”) (which, for the purposes of this policy, includes Switzerland and the United Kingdom) take place using an acceptable data transfer mechanism, such as the EU Standard Contractual Clauses, Binding Corporate Rules, approved Codes of Conduct and Certifications on the basis of permissible statutory derogations or otherwise pursuant to contractual obligations which oblige the third party to provide no less protection of your Personal Data as would be required in the jurisdiction in which you are based. Please contact privacy@vitamix.com, if you want to receive further information or, where available, a copy of the relevant data transfer mechanism.

  8. Your EU Privacy Rights

    If you are visiting the Site from the EU or where applicable EU data protection laws so provide, you may exercise the following rights regarding your Personal Data:

    • Access: You have the right to obtain from us confirmation if your Personal Data is being processed and certain information in this regard.
    • Rectification: You have the right the request the rectification of inaccurate Personal Data and to have incomplete data completed.
    • Objection: You have the right, when we process Personal Data on the grounds of legitimate interests, to object to the processing of your Personal Data for compelling and legitimate reasons relating to your particular situation, except in cases where legal provisions expressly provide for that processing. In addition, you have the right to object at any time where your Personal Data is processed for direct marketing purposes.
    • Portability: You may receive your Personal Data that you have provided to us in a structured, commonly used and machine-readable format and have the right to transmit them to other data controllers without hindrance. This right only exists if the processing is based on your consent or a contract and the processing is carried out by automated means.
    • Restriction: You may request to restrict processing of your Personal Data if (i) you contest the accuracy of it – for a period we need to verify your request; (ii) the processing is unlawful and you oppose the erasure of it and request restriction instead; (iii) we no longer need it, but you tell us you need it to establish, exercise or defend a legal claim; or (iv) you object to processing based on public or legitimate interest – for a period we need to verify your request.
    • Erasure: You may request to erase your Personal Data if it is no longer necessary for the purposes for which we have collected it, you have withdrawn your consent and no other legal ground for the processing exists, you objected and no overriding legitimate grounds for the processing exist, the processing is unlawful, or erasure is required to comply with a legal obligation.
    • Right to lodge a complaint: You also have the right to lodge a complaint with a supervisory authority, in particular in the EU Member State of your residence, or the location where the issue that is the subject of the complaint occurred.
    • Right to refuse or withdraw consent: Please note that in case we ask for your consent to certain processing, you are free to refuse to give consent and you can withdraw your consent at any time without any adverse negative consequences. The lawfulness of any processing of your Personal Data that occurred prior to the withdrawal of your consent will not be affected.

    If you have questions about exercising any of those rights or their applicability to any of our particular processing activities or have questions about any data transfer mechanism or want a copy thereof, you may contact us at privacy@vitamix.com or at the address provided below.

  9. Contact Information

    Unless otherwise stated, Vitamix is a data controller for Personal Data processed subject to this Statement. If you have any questions about this Statement or if you believe that your Personal Data has been processed or disclosed in violation of this Statement, please contact us by sending an email to privacy@vitamix.com, or a letter to:

    Vita-Mix Corporation

    8615 Usher Road

    Cleveland, Ohio 44138

    United States of America
    Attn: Legal Department

     

Additional Information

Cookie Statement

In addition to the information that you provide to us, we may also collect information about you during your visit to our Site using automated tools that are detailed below. These tools may collect information about your behavior and your computer system, such as your internet protocol address (IP Address), the pages you have viewed, and the actions you have taken while using the Services. Some of the tools we use to automatically collect information about you may include:

(a) Cookies.  A “cookie” is a small data file transmitted from a website to your device’s hard drive. Cookies are usually defined in one of two ways, and we may use either (or both) of them: 

  • session cookies, which do not stay on your device after you close your browser, and
  • persistent cookies, which remain on your device until you delete them or they expire. 

We may use the following categories of cookies on our Services.

  • · Strictly Necessary Cookies.  These cookies are essential in order to enable you to move around the Site and use its features. Without these cookies, services you have requested, such as maintaining a record of your purchased items, cannot be provided.
  • · Performance Cookies.  These cookies collect information on how you use our Site to help us understand how you arrive at our Site, browse or use our Site and highlight areas where we can improve, such as navigation. The data stored by these cookies typically does not include personal details from which your individual identity can be established.
  • · Functionality Cookies.  These cookies remember choices you make such as the country from which you visit our Site, your preferred language, and your search parameters. This information can then be used to provide you with an experience more appropriate to your selections and to make your visits to our Site more tailored to your preferences. The information in these cookies may be anonymized. These analytic cookies allow us to improve the Site’s functionality by anonymously tracking usage. We do analytical profiling to understand unique users reading a particular article to identify what is popular. We also look at where content is accessed so we know how to arrange our Site for optimal user experience. In some cases, these cookies improve the speed with which we can process your request, allow us to remember site preferences you've selected, and help connect you to your social networks. We count clicks on “Like” and “Tweet” plugins and what content from our Site was shared or referenced. De-selecting these cookies may result in poorly-tailored recommendations and slow Site performance. You also may not be able to share effectively with Facebook, Twitter, or other social networks. We also examine what type of reference was used to reach our Site, such as an email campaign or a link from a referral site, so we can estimate the effectiveness of our promotions and advertising campaigns.
  • · Targeting Cookies or Advertising Cookies. These cookies collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of an advertising campaign.  The cookies are usually placed by third-party advertising networks.  These cookies remember the websites you visit, and that information is shared with other parties, such as advertisers.

Of course, if you do not wish to have cookies on your devices, you may turn them off at any time by modifying your internet browser’s settings.  However, by disabling cookies on your device, you may be prohibited from full use of the Site’s features or lose access to some functionality.

(b) Google Analytics.  The Site sends aggregated information to Google Analytics for the purpose of providing us with the ability to conduct technical and statistical analysis on the Site’s performance.  For more information on how Google Analytics supports the Site and uses information sent from the Site, please review Google’s privacy policy available at https://policies.google.com/technologies/partner-sites.

(c) Web Beacons. A Web Beacon is an electronic image. Web Beacons can track certain things from your computer and can report activity back to a web server allowing us to understand some of your behavior.  If you choose to receive emails from us, we may use Web Beacons to track your reaction to our emails.  We may also use them to track if you click on the links and at what time and date you do so.  Some of the third-party marketers we engage with may use Web Beacons to track your interaction with online advertising banners on our Site.  This information is only collected in aggregate form and will not be intentionally linked to your personal information in our databases.  Please note that any image file on a webpage can act as a Web Beacon.

(d) Embedded Web Links. Links provided in our emails and, in some cases, on third-party websites may include tracking technology embedded in the link. The tracking is accomplished through a redirection system.  The redirection system allows us to understand how the link is being used by email recipients.  Some of these links will enable us to identify that you have personally clicked on the link, and this may be attached to the personal information that we hold about you.  This data is used to improve our service to you and to help us understand the performance of our marketing campaigns.

(e) Third-party Websites and Services.  We work with a number of service providers of marketing communications technology.  These service providers may use various data collection methods to improve the performance of the marketing campaigns we are contracting them to provide.  The information collected can be gathered on our Services and also on the websites where our marketing communications are appearing.  For example, we may collect data where our banner advertisements are displayed on third-party websites.

1. Understanding why Vitamix uses these automated tools (or, “tracking technologies”)

Vitamix uses tracking technologies on our Site to distinguish you from other users of our Site. This improves your overall experience when using our Site and ensures Site functionality and performance. This Vitamix Cookie Statement should be read in conjunction with the Vitamix Privacy Statement governing use of our Services. By continuing to browse our Site and use our Services, you acknowledge and agree to our use of tracking technologies.

2. How does Vitamix use tracking technologies?

Tracking technologies make navigating our Site easier by saving your browsing preferences. We use tracking technologies to understand our customer’s usage of Vitamix’s Services and other customer preferences (such as country and language choices). We also use tracking technologies to provide us with aggregate data about site traffic and site interaction, to identify trends and obtain statistics so that we can offer better Site experiences and tools in the future.

3. How can I change my cookie settings?

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You can review the options available to manage cookies in your browser. Different browsers use different ways to disable cookies, but they are usually found under a Tools, Options or Help menu. If you turn cookies off, you may not be able to browse our Site. If you delete your cookies from the browser, you may need to remember to re-install opt-out cookies. To find out more about cookies, including how to see which cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

4. “Sharing” tools on Vitamix webpages.

Vitamix webpages contain embedded “share” buttons to enable users of the site to share content with friends through social networking sites, such as Facebook and Twitter. These third-party websites may set a cookie when you are logged-in to their respective service. Vitamix does not control the setting of cookies from these third-party websites. Please check the third-party websites for more information about their cookies and how to manage them.