Privacy Policy

LEGAL INFORMATION

Vitalere, Power On, Power Off, MODUS their affiliates (collectively, "Vitalere" "we," "us," or "our") provide this privacy and security policy ("Privacy Policy") because we know that you care about how your information is collected, used, shared and retained. This Privacy Policy forms part of, and should be read together with, the Vitalere Terms of Use that can be accessed and ready here.

This Privacy Policy applies only to information collected when you access our website(s) (www.poweronpoweroff.com; www.modusnutrition.com; www.vitalere.com) and our Mobile Site(s) (collectively the “Vitalere Sites"), or use the services that we make available via the Vitalere Sites from time to time (the "Services"). Our Services may include offering you the opportunity to post information, quotes, comments, data, text, graphics and other materials on the Vitalere Sites ("User Content"), become a registered user, purchase products via the Vitalere Sites, or use our Mobile Apps. By visiting the Vitalere Sites or using the Services, you accept the terms of this Privacy Policy.

PRIVACY AND SECURITY POLICY

(Last Updated January 6, 2017)

I. The Information We Collect

Vitalere collects the following types of information via the Vitalere Sites directly and indirectly through our service providers and advertising partners ("Service Providers").

II. Personal Information

Personal Information means any information that may be used to identify a natural person, but it does not include business contact information. Generally, you may visit and browse the Vitalere Sites without revealing any of your Personal Information. When you use the Services, you may be required to provide Personal Information. For example, if you subscribe to a mailing list, participate in special offers, sweepstakes or other promotions, join our loyalty program, send questions or comments to us via e-mail, post User Content on the Vitalere Sites, our Facebook page or other social media site, or purchase products via the Vitalere Sites, we will collect Personal Information which will be used to fulfill your order and for other purposes consistent with this Privacy Policy. If you visit the Vitalere Sites, or register on the Vitalere Sites, through Facebook Connect or another social media website, we may also receive certain Personal Information from those social media sites. To allow us to understand our users and our audience better, from time to time we may collect or purchase demographic information (such as gender or age) or information about your interests and preferences. If we link any demographic or preferences information to your Personal Information, then all such information will be treated as Personal Information under this Privacy Policy.
In order to use some features provided on our Vitalere Sites, you may submit Personal Information about other individuals. For example, e-mailing an article from the Vitalere Sites or providing product information to a friend requires an email address, and completing a purchase sent directly to a friend requires a name and address. Vitalere Inc. will use and store such Personal Information to fulfill your request, and for marketing and other purposes consistent with this Privacy Policy. Before you provide any information on another individual to our Vitalere Sites, you must have such individual’s prior consent to do so.

III. Activity and Geolocation Information

Activity Information. We may collect your IP address, Internet service provider, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, sections of the Vitalere Sites visited, number of links you click while on the Vitalere Sites, search terms, operating system, website traffic and related statistics, keywords and/or other data.
Geolocational Information. We may collect information regarding your current location (e.g., by IP address, by latitude/longitude, or zip code) when you visit the Vitalere Sites or use the Services. In order to provide certain Services while you are visiting our mobile site or using our Mobile Apps, we may, with your consent, automatically collect geolocational information from your mobile device, wireless carrier or third party service providers. Your mobile device also permits you to turn off the location services. Please be sure to manage your mobile device and privacy preferences for the Services on a consistent basis.

IV. Cookies and Other Tracking Technologies

When you visit the Vitalere Sites, cookies or other tracking technologies may be placed on your computers or mobile devices. A cookie is a small amount of information that a web server sends to your browser that stores Non-Personal Information about your account, preferences and use of the Vitalere Sites and Services. Cookies allow us to recognize you when you return to the Vitalere Sites and track and target your interests in order to provide a customized experience. They also help us to detect certain kinds of fraud. We use cookies to store preferences, record session information, record user-specific information on what pages are accessed or visited, alert you to new areas of the Vitalere Sites, or customize web page content, services and advertisements based on browser type or other information that the tracking technologies provide.
"Session" cookies are temporary cookies used for various reasons, such as managing page views and your shopping cart. Typically, your browser will erase session cookies once you exit the browser. "Persistent" cookies are more permanent cookies that are stored on your computer or mobile device after you exit the browser. Persistent cookies allow us to retrieve certain information that you have previously provided to us (for example, your user ID if you ask to be remembered). The Vitalere Sites may use both session and persistent cookies.
The Vitalere Sites may also use "tracer tags," which are tiny graphic images placed on Vitalere Sites pages or in our e-mails that allow us to determine whether you have performed certain actions. When you access these pages or open e-mail messages, the tags generate a notice of that action to us or our Service Providers. These tools allow us to measure response to our communications and improve our web pages and promotions.
You may manage, block or delete cookies and other tracking technologies by adjusting your browser's security and privacy settings but, if you do so, you may not be able to use particular features of the Vitalere Sites or the Services.

V. How We Use Your Information

We may use your Personal Information in a manner that is consistent with this Privacy Policy. If you provide Personal Information for a certain reason, we may use such Personal Information in connection with the reason it was provided. For instance, we may use Personal Information to process purchases via the Vitalere Sites; administer, improve and provide access to the Vitalere Sites and the Services; respond to inquiries; upload User Content that may include Personal Information; or to communicate with you by email, telephone or regular mail regarding news updates, special promotional offers, our products and services, or other information which may be of interest to you. If you later wish to opt-out of receiving such promotional communications from us at any time, simply follow the "Opt-Out" instructions.
Vitalere may link or combine Personal Information with other personally identifiable information (such as transaction history) and Non-Personal Information that is available from our records and other sources. We may use this combined information for marketing and advertising programs, to enforce Vitalere Sites policies, protect the Vitalere Sites, our customers and others, and to comply with applicable law.

VI. Sharing Your Information

Vitalere may share your Personal Information to the extent necessary to complete the purposes set out herein or for purposes reasonably necessary to fulfill our obligations to you. When we do share your Personal Information, it is subject to the third party’s agreement to both treat it as confidential business information and to fully comply with all applicable privacy laws and also with the understanding that it may not be used for any purpose other than to perform their function. The following are examples of when Vitalere may share Personal Information:
Service Providers
When we engage a Service Provider to perform certain business-related functions for us, we only provide them with the information that they need to perform their specific function.
Legal Requirements.
We may disclose your information if required to do so by law, or in the good faith belief that such action or disclosure is necessary or appropriate (i) to operate the Vitalere Sites, (ii) comply with any legal obligation, report unlawful activity, cooperate with law enforcement, or protect against legal liability, (iii) protect and defend our rights, property, personnel, suppliers, sponsors, agents or licensors, or (iv) protect the personal safety of users of the Vitalere Sites or the public.
Business Transfers
We may use your Personal Information and disclose your Personal Information to third parties in connection with the proposed or actual financing, insuring, sale, securitization, assignment or other disposal of all or part of Vitalere’s business or assets for the purposes of evaluating and/or performing the proposed transaction. Our successors and assigns may collect, use and disclose your Personal Information for substantially the same purposes as those set out in this Privacy Policy.
We may share your information with business partners, or buy or sell businesses or assets. In the event of a corporate sale, asset sale, merger, reorganization, dissolution or similar event, Personal Information, and Non-Personal Information may be part of the assets that are transferred.
Aggregated Information
We may aggregate Personal Information and Non-Personal Information and provide it to our existing or potential business partners, sponsors, advertisers or other third parties, in response to a government request, or to other third parties for lawful purposes.

Vitalere is a global company. For users visiting Vitalere Sites from the European Economic Area, Canada or other non-U.S. territories, please note that any data you enter into Vitalere Sites may be transferred outside the European Economic Area, Canada or such other non-U.S. territory for use by Vitalere and its affiliates for the purposes described herein. By providing any Personal Information to Vitalere or through any of the Vitalere Sites, you hereby expressly consent to such transfers of your Personal Information to the United States or other countries. Specifically, you acknowledge and agree that, as a result, your personal information may be processed, used, stored or accessed in other countries and may be subject to the laws of those countries. For example, information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement in other countries.

VII. User Content

We truly appreciate and value all information posted and uploaded to the Vitalere Sites. However, please know that any Personal Information or User Content posted on the Vitalere Sites or associates social media pages is publicly available, unprotected and may be viewed by anyone with access to the specific website.

User Content or Personal Information published on the Vitalere Sites or associated social media sites may also appear in search engine results (such as Yahoo!, MSN, Google, Altavista, and other search engines) and in the cache of those search engines, in feeds and third party websites pursuant to cobranding agreements. We have no control over updating and/or removal of such User Content or Personal Information, which is the sole responsibility of the search engines, third party websites and RSS web feed resources.

You agree and acknowledge that Vitalere is not liable for the information published in search results or by any third party website that carries any User Content or Personal Information published on the Vitalere Sites or associated social media sites. We strongly discourage posting any Personal Information or User Content that you do not want others to see or use.

Vitalere reserves the right, but has no obligation, to monitor User Content and Personal Information posted on the Vitalere Site. You acknowledge that by providing you with the ability to post, view and distribute User Content and Personal Information on the Vitalere Sites, Vitalere is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating thereto. We reserve the right, but have no obligation, to block or remove communications, User Content, Personal Information or other submissions to the Vitalere Sites, for any reason or no reason, in our sole and absolute discretion.

VIII. Advertising

Vitalere may, directly or indirectly through Service Providers, serve personalized advertisements for Vitalere products, services and programs when you visit the Vitalere Sites and other sites. Vitalere and Service Providers may use Personal Information and Non-Personal Information collected during your visits to the Vitalere Sites to select advertisements, perform, or have performed, cookie synchs, and otherwise combine and compare your information with other databases for Vitalere's commercial purposes. You may opt-out of the tailoring of advertising based on information we collect. To learn more about the use of this information, or to choose not to have this information used by our third-party advertising partners by opting out, please visit the Network Advertising Initiative by clicking www.networkadvertising.org/managing/opt_out.asp.

IX. Opt-Out

You may opt-out of receiving promotional emails from us regarding new features, services and special offers when registering for an account by unchecking the box that asks whether you would like to receive e-mail updates.
You may unsubscribe from receiving promotional e-mails of certain types (or a company-wide unsubscribe) at any time by using the Unsubscribe page on the Vitalere Site. Click here. to unsubscribe. Please pay careful attention to the various options for unsubscribing. You may have the option to unsubscribe from one or more special interest lists or unsubscribe from all promotional e-mails.
When you receive a promotional e-mail from Vitalere, it will contain a link that allows you to unsubscribe. If you decide to use this optout link, you will no longer receive special offers, valuable coupons, new product introductions and informational health and wellness newsletters from Vitalere via email or direct mail; however, you will continue to receive non-promotional e-mails and direct mail from us, such as order confirmations.
You may opt-out from promotional emails from us by calling Customer Service.

X. Security

Vitalere takes reasonable precautions to safeguard your Personal Information against unauthorized access or disclosure including Secure Sockets Layer (SSL) encryption. Unfortunately, no data transmission over the Internet or stored on a server can be guaranteed to be 100% secure. As a result, we cannot guarantee or warrant the security of any information you disclose or transmit to us online, and Vitalere is not responsible for the theft, destruction, or inadvertent disclosure of your Personal Information.
When creating an account on our Vitalere Sites, you are required to establish a password. We recommend that you not disclose your password to any other person. You are solely responsible for maintaining the secrecy of your password and account information, and for all activities that occur under your password or account.
Credit card and other financial information that is necessary to complete purchases on the Vitalere Sitesis collected and processed by a Service Provider and encrypted using SSL before transmitted over the Internet.

XI. Accessing and Correcting Personal Information

You can access and correct your Personal Information by logging into your account and accessing the "My Account" section of the Vitalere Site. If you wish to cancel your account, please click here to unsubscribe. If you also wish to opt-out of receiving emails from us after your account is cancelled, please follow the steps described under "Opt-Out." We may retain your Personal Information and Non-Personal Information indefinitely after termination of your account for use in compliance with this Privacy Policy.

XII. Children

The Vitalere Sitesis not intended for use by children under the age of majority. Vitalere does not knowingly collect or use any Personal Information from such children. If you are under the age of majority, do not submit any information to this Vitalere Site. If we learn that we collected Personal Information from children under the age of majority, we will take steps to delete that information as soon as possible.

XIII. Changes to Privacy Policy

Vitalere may, in its sole discretion, change this Privacy Policy from time to time. We will notify you of any material changes to this Privacy Policy by changing the "Last Updated" date at the top of this Privacy Policy. We may also try and notify you through electronic communication or other means. Substantive changes to our Privacy Policy will take effect 30 days after it has been posted on our website. If you visit the Vitalere Sites or use the Services after a change to this Privacy Policy is posted on the Vitalere Sites for 30 days, you will be bound by such change. Please refer back to this Privacy Policy on a regular basis. If you object to any of the terms in a revised Privacy Policy, you have the right to cease using the Vitalere Sites and the Services. If you have questions about this Privacy Policy, or believe that Vitalere has acted inconsistently with this Privacy Policy, please Contact Us.

XIV. Privacy Practices of Third Parties

Vitalere Sites are governed by the provisions and practices stated in this Privacy Policy. Vitalere Sites may contain links to third-party sites products, and services, including social media sites such as Facebook and Twitter. Although we endeavour to only link to sites that share our commitment to your privacy, please be aware that this Privacy Policy will no longer apply once you leave our website. Without limiting the generality of the foregoing, these third party websites may place cookies or other tracking technologies on your computer or personal device. Information collected by these third party websites is governed by their privacy practices and is not subject to this Privacy Policy. We are not responsible for how these third party websites collect, use, disclose, distribute, or maintain Personal and Non-Personal Information. If you visit a third party website linked from the Vitalere Sites, you do so at your own risk. We encourage you to learn about the privacy practices of those third parties prior to providing them with an information or taking advantage of an offer or promotion. Vitalere expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties

XV. Governing Law

This Privacy Policy and the privacy practices of Vitalere will be subject exclusively to the laws of the State of New York, United States

XVI. California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of Personal Information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To submit a request pursuant to Section 1798.83, please contact Vitalere via our feedback form.

XVII. Contact Us

If you have any questions regarding this Privacy Policy or our privacy practices, you may email us at customerservice@poweronpoweroff.com with "PRIVACY POLICY" in the subject line.

Last revised Sunday, January 8, 2017