Privacy Policy - Vibe and Jive

Privacy Policy

VIBE AND JIVE, LLC POLICY
Effective January 1st, 2019

Vibe and Jive, LLC (hereinafter “Vibe and Jive”) is a U.S. based consulting and educational service provider. Vibe and Jive personal development and consulting services. (“Services”).

Vibe and Jive respects the privacy of every individual who visits our www.vibeandjive.com (“Website”) and/or purchases its Services. This Privacy Policy is our commitment to transparency in communicating how VIBE AND JIVE collects, uses, and discloses the information that is collected from you, the visitor (“Visitor” or “You”) of its website and/or customer as well as the choices you have with respect to the information.

VIEWING AND/OR USE AND/OR COMMUNICATION IS CONSTRUED AS ACCEPTANCE OF THE TERMS OF THIS POLICY

Acceptance of the terms of this Privacy Policy is a portion of the consideration required for your right to visit the Website. If you do not accept these terms, you have no right to visit this Website and you are fraudulently using this Website.

SCOPE OF POLICY

This Privacy Policy applies to how we collect, use, and disclose information from the following individuals:

  • Customers– individuals who register, on their own or on behalf of an entity, to use the Services.
  • Event/Marketing Participants– individuals who provide their information to VIBE AND JIVE when they register for webinars, subscribe to marketing material, participate in surveys or contests, or attend other events.
  • Website Visitors– individuals who visit FVIBE AND JIVE’s Website and opt to provide contact information including an email address to receive communications from VIBE AND JIVE.

INFORMATION WE COLLECT

Customers
VIBE AND JIVE asks for your account information which includes your name, business name, email address, physical address, phone number, credit card and bank account information (stored directly with a third party processor such as Stripe), and website domain. By voluntarily providing VIBE AND JIVE with your account information, you represent that you own and consent to our use of such personal data.

Event/Marketing Participants
VIBE AND JIVE may ask for your name, email address, physical address, and phone number. Participation in events, surveys, contests, or subscribing to marketing material is voluntary and you may choose whether or not to participate and therefore disclose this personal data.

Website Visitors
At your option, VIBE AND JIVE asks and may collect your name, email address, physical address, and phone number. In addition, we also collect information such as web server logs, internet protocol (IP) addresses, browser type, or other information as part of aggregated data.

COOKIES AND OTHER TRACKING TECHNOLOGIES

Many websites, including this one, collect information about your computer, your email address, your IP address. You must assume that your web-viewing or web-use activity is monitored, tracked, and information collected. This information is not usually of a personal nature, but it may help define your viewing habits and product preferences even though the website may or may not have any idea who you are.

VIBE AND JIVE uses cookies, beacons, tags, and other tracking technologies to gather demographic information about you, identify your visits to our Website, other interactions with our Website, and personalize your search experience on our Website. We gather information such as internet protocol (IP) addresses, internet service provider (ISP), operating system, browser type, date/time stamp, and store it in log files. To collect this information, a cookie, a standard feature of a website that allows us to store a small amount of data on your computer to allow our web servers to recognize you, may be set on your computer or device when you visit our Website. We may track your use across different websites and services. In some countries, including those in the European Economic Area (“EEA”), the information in this paragraph may be considered personal information under applicable data protection laws.

You can control how websites use cookies by changing your cookie settings (www.aboutcookies.org), but your modification may limit your use and functionality of some of the features on our Website. We may also use cookies and other tracking technologies to provide you advertising based on your browsing activities as set forth below.

DO-NOT-TRACK, INTEREST-BASED ADVERTISING, REMARKETING, AND DYNAMIC AD SERVING

Do-Not-Track

We try to honor any Do-Not-Track signals you send through your web browser when visiting our website. However, please read the following important information about “Interest-Based Advertising,” “Remarketing,” and “Dynamic Ad Serving” so that you understand the type of tracking that may be done by third party vendors when you visit our Website and how you can opt out of such tracking.

Interest-Based Advertising

When you visit our Website, you may view advertisements posted on the site by Google or other companies. These advertising companies may collect information about you while you are visiting this Website and other websites. They may use this data to show you advertisements on this Website and elsewhere on the Internet about products and services you might like.

This Website does not collect the information or control the content of the advertisements that you will see. You may be able to opt out of such advertising.

If you are in the United States, you may opt out of some advertising via the Digital Advertising Alliance at http://www.aboutads.info/choices/and/or http://optout.networkadvertising.org.  If you are in Canada, you may opt out of some advertising via the Digital Advertising Alliance of Canada at http://youradchoices.ca/  If you are in Europe, you may opt out of some advertising via the European Interactive Digital Advertising Alliance at http://www.youronlinechoices.eu/.

To find out more about Google privacy policies and its DoubleClick DART cookie used to generate interest-based advertising, go to https://www.google.com/policies/technologies/ads/ .

Protect My Choices

If you are using Internet Explorer, Mozilla Firefox, or Google Chrome browsers, you may wish to install the “Protect My Choices” browser extensions that are designed to help you protect your opt-out preferences. To learn more, go to http://www.aboutads.info/PMC.

Remarketing

This Website may use a remarketing tag to advertise online. This means that Google and other third-party vendors may show our ads to you on sites across the Internet. These third-party vendors, including Google, may use cookies to serve ads to you based upon your past visits to our Website.

If you would like to opt out of Google’s use of cookies, you can visit the company’s Ad Preferences Manager at https://www.google.com/ads/preferences/.

In the alternative, you can opt out of the use of cookies by some third-party vendors by going to the Network Advertising Initiative’s opt-out page located at http://www.networkadvertising.org/choices/ .

Dynamic Ad Serving

Our Website may use Google’s Dynamic Ad Serving feature. To opt out of interest-based ads by Google, follow Google’s opt-out instructions located at https://support.google.com/ads/answer/2662922?hl=en .

DoubleClick Remarketing Pixels

Our Website may use DoubleClick’s remarketing pixels. If you would like to opt out of DoubleClick’s use of cookies, you can visit the DoubleClick opt-out page at https://www.google.com/settings/ads/onweb#display_optout.

Your use of this Website without opting out means that you understand and agree to data collection to provide you with interest-based advertising.

HOW WE USE YOUR INFORMATION

VIBE AND JIVE uses the information it collects about you in the following ways:

  • To respond to any requests from you regarding sales and support.
  • To contact you regarding any agreements or accepted terms that you may have with VIBE AND JIVE for the Services.
  • To provide you with marketing emails, special offers, advertising campaigns, or newsletters.
  • To provide you with information logs associated with the use of VIBE AND JIVE’s Services.
  • To contact you regarding functionality changes to our Services or Website.
  • To develop new features and functionality to our Services and Website.
  • To collect payment and bill for our Services.
  • To help personalize searches.
  • To diagnose problems.
  • To find and prevent fraud.
  • To carry out other purposes as disclosed to you through the Website, or found in terms or an agreement between you and VIBE AND JIVE.
  • Process for other purposes for which we obtain your consent.

HOW WE SHARE INFORMATION

VIBE AND JIVE shares the information it collects about you in the following ways:

  • Third Party Providers– VIBE AND JIVE may share your information with third party providers that provide services on our behalf. These companies may assist with marketing support, processing credit card payments, content delivery, email, providing sales leads, and customer support. Third party providers may only process personal information pursuant to VIBE AND JIVE’S instructions, and in compliance with the Privacy Policy and other applicable regulations.
  • Advertising– Based on the cookies and other tracking devices, we may work with advertising companies to display ads that may be of interest to you.
  • Business Transactions– To provide information to a third party in the event of any disposition of all or any portion of our business (e.g. reorganization, sale, assignment, bankruptcy).
  • Aggregated or De-identified Data– We may disclose or use aggregated or de-identified information with third party providers for research purposes relating to our Services.
  • As Required by Law or Similar Investigations– To comply with legal obligations (e.g. subpoena) or investigate potential legal violations. VIBE AND JIVE may be required to share personal data in response to lawful requests from public authorities including to meet national security and/or law enforcement requirements.
  • Safety– We may disclose your information to protect and defend the safety of VIBE AND JIVE in connection with investigating and preventing fraud or security issues.
  • Consent– VIBE AND JIVE may share your information with your consent.

YOUR CHOICES

You may unsubscribe from receiving promotional or marketing emails from VIBE AND JIVE at any time by using the “unsubscribe” link in the email received, or by emailing us at vida@vibeandjive.com. As outlined in the Section, Information We Collect, you can also control your cookie settings.

With respect to your account information, you may update, correct or delete information that you provided to us by logging into your VIBE AND JIVE account or contacting us at vida@vibeandjive.com.

DATA RETENTION AND SECURITY

When VIBE AND JIVE no longer has a legitimate business need to process your personal information, or no longer has a need to keep your personal information for any legal, tax, or regulatory reason, we will either delete or anonymize it.

VIBE AND JIVE takes all reasonable steps to protect information received from you from loss, misuse or unauthorized access, disclosure, alteration, and/or destruction. We maintain technical, physical, and administrative safeguards to secure your information, and we use industry standard Secure Socket Layer (SSL) encryption for your data that is transferred over the internet. Despite its use of encryption, VIBE AND JIVE cannot guarantee any method of transmission of information over the internet is 100% secure. If you have any questions about the security of your personal information, please contact us at vida@vibeandjive.com.

LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION

For individuals in the EEA, VIBE AND JIVE’s legal basis for collecting and using your personal information will depend on the personal information collected and the specific context in which we collect it. VIBE AND JIVE will process personal information from you where, a) we have your consent to do so, b) where processing is necessary for VIBE AND JIVE to perform Services pursuant to an agreement, or c) where processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms.

In some cases, we may also have a legal obligation to collect personal information, or may otherwise need the personal information to protect your vital interests or those of another person. At any time, you have the right to withdraw or decline consent. If you do not provide the requested information, VIBE AND JIVE will not be able to perform Services for you. Also, you have the right to object where we rely on our legitimate interests to process your personal information.

INTERNATIONAL TRANSFERS

VIBE AND JIVE, LLC is a US company and stores your information in the U.S. VIBE AND JIVE LLC may transfer your personal information to countries other than the country in which you live. Whenever VIBE AND JIVE LLC transfers personal information originating from the EEA or Switzerland to other countries not deemed adequate under applicable data protection law, it will do so on the basis of the EU Standard Contractual Clauses.

DATA SUBJECT RIGHTS

Individuals located in the EEA may have additional statutory rights available to them with respect to their personal information, including the right to access your personal information, have it erased, have it corrected, or object to or restrict processing. If you would like to make such a request, please email vida@vibeandjive.com and we will respond within thirty (30) days. VIBE AND JIVE, LLC will need to verify that the individual is inquiring about his/her own information before we can assist with the request. We will comply with such requests to the extent legally required by applicable law. For EU individuals, you also have the right to lodge a complaint with the supervisory authority.

A NOTE TO CALIFORNIA RESIDENTS (ONLINE PRIVACY PROTECTION ACT OF 2003 — OPPA)

It is the intent of the Privacy Policy to comply with the California Act. Various provisions throughout this Privacy Policy address requirements of the act. In summary, you must presume that we collect electronic information from all visitors. This is not usually personally identifiable. If you purchase a product or service via this Website (and thereby become covered by the Act), the purchase agreement you electronically sign prior to purchase allows the Website to collect and archive all the personal information you provide and to transmit and/or transfer that personal information to third parties. There is no way you can modify this information and you have no right to do so. Under the terms of the purchase agreement, you have no right to view or receive any information about our database. In the event that the Website, under advice of counsel agrees to divulge information, the requesting party must submit whatever information is demanded by the Website to insure that the Website is releasing information to the correct party. Other provisions of the OPPA may exempt this Website from complying. While we take measures to ensure that outside parties do not have access to any information we have about you, we do not warranty that outside parties will not breach our system and thus have access to your information. (You should know that merchant service providers do not allow us access to your credit card information.) This Privacy Policy also is subject to change without notice. You are required to read it prior to using the Website. By interacting with the Website you agree to the terms and conditions of the Privacy Policy. By using the Website or purchasing a product through this Website, you waive the right to use state or federal court systems to address complaints and, instead, agree to use the American Arbitration Association located in a city and county specified herein.

CHILDREN UNDER 18

We do not provide services or sell products to children under 18 years of age. Regardless of the intended end user of our products, only adults should purchase anything from our website. If a product we offer is legal only for adults to use or possess, no adult should purchase the product for illegal use or possession by a minor.

If you are less than 18 years old, you may use our website only with the permission, active involvement, and supervision of an adult parent or legal guardian. If you are a minor, please do not provide us or other Website visitors with any personal information.

LINKS

This Website contains links to other websites. Please note that when you click on one of these links, you are moving to another website. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours.

PRIVACY POLICY STATEMENT

This Site is property of VIBE AND JIVE, LLC.

Our postal address is
PO Box 243
New Buffalo, MI 49117 

We can be reached via e-mail at vida@vibeandjive.com or you can reach us by telephone at (269) 369-7083

CHANGES TO PRIVACY POLICY

VIBE AND JIVE LLC reserves the right to modify this Privacy Policy at any time, however, should we change the Privacy Policy in a material way, a notice will be posted on our website along with the updated Privacy Policy. If you disagree with the changes, you may terminate your Services.

SPAM

By providing to the Site information that forms the basis of communication with you, such as an email address, you waive all rights to file complaints concerning unsolicited email or spam from this Site since, by providing such information, you agree to receive communication from us or other marketing organizations. However, all email communication with you shall contain an ‘unsubscribe’ link where you may notify the website that you no longer wish to receive solicitations or information from the Site and your name will be removed from the general solicitation database.

DATA SECURITY

This Site takes measures to protect its data that contains information related to you. However, as a consideration for viewing this Site or interacting with this Site in any manner, you waive all claims of any nature against this site concerning the loss, alteration, or misuse of information. You must assume that it is possible for your personal data to be obtained by others, such as “hackers,” and used in an inappropriate manner that may cause you harm and that you agree that the site is not responsible for damages to you.

DISPUTES

As part of the consideration that the Website requires of the Visitor to view, use, or interact with the Website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product or service, including solicitation issues, privacy issues, and terms of use issues.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association, which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in Michigan, USA.

In no case shall the Visitor have the right to go to court or have a jury trial. Visitor will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

JURISDICTION AND VENUE

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, You agree to that the sole and proper jurisdiction to be Michigan, USA unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to VIBE AND JIVE LLC’s principal office.

APPLICABLE LAW

You agree that the applicable law to be applied shall, in all cases, be that of the state of Michigan.

If you feel that this Website is not following its stated information policy, you may contact us at the above address or phone number.

California Privacy Rights

If you are a California resident and our customer, Cal. Civ. Code § 1798.83 permits you to request certain information about our disclosure of personal information to third parties for their direct marketing purposes. To request this information, please send an email to vida@vibeandjive.com or write us at the following address:

VIBE AND JIVE, LLC
PO Box 243
New Buffalo, MI 49117  USA

European Union Privacy Rights

If you reside in the European Union, you may have certain privacy rights under Regulation (EU) 2016/679, the General Data Protection Regulation (“GDPR”), to the extent the GDPR does not conflict with the laws of Michigan and USA. Even if we do not have a legal obligation to do so, we may respond to your requests made per the GDPR. However, voluntary responses are not a waiver of our legal rights and obligations under the laws of Michigan and USA or the arbitration provisions found within our website’s Terms and Conditions of Use.

Small Or Medium-Sized Enterprise Status

We are a small or medium-sized enterprise (“SME”). This means that because of the size of our business, to the extent (if any) the GDPR governs our relationship with you, some of GDPR’s obligations do not apply because we are an SME.

How To Make A Request

To make a GDPR request, please send an email to vida@vibeandjive.com or write us at the following address:

VIBE AND JIVE, LLC
PO Box 243
New Buffalo, MI 49117  USA

We will respond within thirty (30) days of receipt of your request.

Requests To Access Personal Data

If we grant your request to access personal data, we will: (1) confirm whether or not we are processing your personal data; (2) provide you with a copy of any of your personal data that we possess; and (3) provide you with information about how we process such data (e.g. purposes, categories, recipients, etc.).

Requests To Delete Data

If you request that we delete your personal data that we possess, we will do so unless: (1) the data is needed to exercise the right of freedom of expression; (2) we have a legal obligation to keep the data; (3) we must keep the data for reasons of public interest; or (4) the data has been processed so that it is anonymized.

Any personal data we processed unlawfully will be deleted. If you were a minor when we collected the personal data, we will delete the data upon request. If we believe any third parties have acquired your personal data through us, we will take reasonable steps to inform them that you have requested erasure of such data.

Objections To Processing Of Personal Data

If your request is an objection to the processing of your personal data for directing marketing purposes, we will cease using your data for such purposes. As a general rule, we will comply with objections to processing personal data except: (1) where it is not technically or commercially feasible to do so; or (2) we have a legal obligation that overrides your individual rights and freedoms.

Portability Requests

If we collected personal data from you because of a contract between us or based on your consent, and we processed that data by automated means (in structured machine-readable format), you can request that data be transmitted by us to another company or organization.

We will provide such data to the recipient third party in a commonly used open format electronic file.

Denied Requests

If we reject your request, we will provide you with the reason(s) for doing so. You may then choose to file a complaint with the Data Protection Authority and request a judicial remedy to the extent such a request is not in conflict with the laws of laws of Michigan and USA or the arbitration provisions of our Website’s Terms and Conditions of Use.

Processing Fees

As a general rule, there is no fee for processing your GDPR request. However, we reserve the right to refuse your request or charge a reasonable fee for processing it if the request is unfounded or excessive. For example, it would be excessive to make a repetitive second request to access your personal data one month after we provided you with the data from a prior request.

Automated Processing

We may make decisions through automated processing (e.g. algorithms) of personal data that are legally binding or significantly affect you. Any such automated decision-making is done per your express consent or because it is necessary for reasons of substantial public interest under applicable law.

Such an automated decision may be made based on relevant law. However, if the decision is made for other reasons, we will inform you of the process’ logic and potential consequences of the decision. To the extent that the GDPR does not conflict with the laws of Michigan and USA or the arbitration provisions found within our Website’s Terms and Conditions of Use, you may also have a right to obtain human intervention and contest the automated decision.

CONTACT US

If you have any questions or concerns over this Privacy Policy, or wish to exercise any of your statutory rights, please contact us at:

VIBE AND JIVE, LLC
PO Box 243
New Buffalo, MI 49117  USA
Email – vida@vibeandjive.com

www.vibeandjive.com. All rights reserved.
Unauthorized duplication or publication of any materials from this Site is expressly prohibited.

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