Esprita Privacy Policy
Our Commitment
To Privacy
This privacy
policy was last updated on August 30, 2018.
Please read carefully.
Thank you for
visiting https://esprita.com/ (the
"Site"). Your privacy is very important to us at Esprita, Inc. (Esprita),
and we are committed to protecting and safeguarding your privacy. It is our policy to keep your personal
information confidential. To make this notice easy to find, we make it available
on our homepages and at every point where personally identifiable information
may be requested. Please take a moment
to read the following Policy to learn how we handle your personal information.
This Privacy Statement is to inform you about the
types of information we might collect about you when you visit our Site, how we
may use that information, whether we disclose it to anyone, and the choices you
have regarding our use of, and your ability to correct, that information.
Esprita does
not collect Personal Information about individuals who visit our site except
when the information is specifically provided on a voluntary basis.
Who Are We
1. Esprita,
Inc.
Phone: 1-866-ESPRITA
2. You can contact us
by emailing Support@Esprita.com, or by calling the above phone number.
Privacy Policy Limited to This Website.
This Privacy Policy
only applies to visitors to this website.
Esprita grants independent contractors and sometimes customers selling
rights to its products (hereinafter referred to as Independent Associates, Esprita
Consultants or Customers). Independent Associates or Customers are not employed
by Esprita. Therefore, Esprita does not control, and is not responsible or
liable for the collection, use or disclosure of Personal Information by
Independent Associates or Customers, including for their marketing purposes. If
you provide information to an Independent Associate or Customer through the
Site, Esprita will have access to it and shall treat it in accordance with this
Privacy Statement. Independent Associates or Customers may provide Esprita with
information regarding their customers, in which case Esprita will treat such information,
once in its possession, in accordance with this Statement. If you are the
customer of an Independent Associate, you should check with your Associate
directly to learn about his or her data privacypractices.
Information We Collect From You
We will collect and process the following data about you:
Information you give us.
The information we receive depends on what
you do when you visit our site. This is
information about you that you give us by filling in forms on our site https://esprita.com/(our site), by registering as an Associate
or frequent user of our site or by corresponding with us by phone, e-mail or
otherwise. Esprita will not collect or retain any information about you personally
(that is, your name, address, telephone number or e-mail address) unless you
choose to provide it to us.
We may collect
Personal Information (including name, address, telephone number, email address
and, when necessary, credit card information) when you:
* Become an Esprita Independent Associate (“IA”)
* Place an order from our Website
* Return an item or make an exchange
* Inquire about our products and services
* Communicate with customer service
In addition, you may voluntarily provide
Personal Information (such as name, address, email address, and telephone
number) to be forwarded to an Esprita IA for the purpose of contacting you with
details regarding the Esprita opportunity, including contact by email. In this
case, we will keep a record of the contact, including the Personal Information,
in your Esprita file. We use this information to provide better service in the
event that you contact us again.
Information we collect about you.
If you visit our site to read or download
information, we collect and store only the following information:
1. The name of the domain from which you
access the Internet, technical information, including the Internet protocol
(IP) address used to connect your computer to the Internet, your login
information, browser type and version, time zone setting, browser plug-in types
and versions, operating system and platform;
2. Information about your visit, including
the full Uniform Resource Locators (URL), clickstream to, through and from our
site (including date and time), products you viewed or searched for page
response times, download errors, length of visits to certain pages, page
interaction information (such as scrolling, clicks, and mouse-overs), methods
used to browse away from the page, and any phone number used to call our
customer service number. We use this
information to measure the number of visitors to the different sections of our
site and to help us make our site more useful to visitors.
Collection of
Personal Information from or Through Social Media Sites.
When you
interact with any Esprita website, page or account on a social media platform,
such as Facebook, we may collect the personal information that you make
available to us on that page or account including your account ID or “handle.”
However, we will comply with the privacy policies of the corresponding social
media platform and we will only collect and store such personal information
that we are permitted to collect by these social media platforms. If you
choose to link or login to your Esprita account with or through a social networking
service, Esprita and that service may share certain information about you and
your activities. We may also may share information about your activities,
including what you view on the Sites, with that social network’s users.
Esprita
Independent Associates (IA).
When you
decide to become an authorized Esprita IA, or when you register to shop online
as a customer, we will collect Personal Information (such as name, address,
email address, and telephone number). This Personal Information is securely
stored in your Esprita contact file. You will be assigned an identification
number and you will select a password which will be necessary to gain entrance
to the website and to access your Personal Information.
In the process of signing up as an IA, you expressly
consented to our communicating with you about Esprita using the information you
provided to us. You also attest that you have the legal authority over any
telephone number you provide to us and can provide us with the authorization to
contact you. This means we may contact you, in person or by recorded message,
by e-mail, telephone and/or mobile telephone number (including use of automated
dialing equipment), text (SMS) message, or any other means of communication
that your wireless or other telecommunications device may be capable of
receiving.
We may also collect
non-personally identifiable information from you when you visit the Site (e.g.,
your IP address, browser type, domain name, etc.). This information is
collected and analyzed in the aggregate in order to improve the function and
content of the Site.
Use of
Information
Personal
Information will not be sold or otherwise transferred to unaffiliated third
parties without the approval of the website user at the time of collection or
prior to transfer. The user will have the opportunity to indicate whether he or
she would like to "opt out" of receiving promotional and/or marketing
information about other products, services and offerings from Esprita and/or
any third parties. Further, notwithstanding any "opt out" of
promotional information by the user, Esprita reserves the right to contact a
customer or IA regarding account status, changes to the IA Agreement and other
matters relevant to the underlying service and/or the information collected.
Information you
give to us. We will use this information:
1. We use the information that is
collected about you for a variety of purposes, such as confirming and
fulfilling orders from you, referrals to service partners, adding you to our
e-mail subscription list, providing your name to an Esprita IA
in connection with potential interest in Esprita products or the business
opportunity.
2. We use the
information to provide you with information about other goods and
services we offer that are similar to those that you have already purchased or
enquiredabout.
3. We use the
informationto allow you
to use, communicate and interact with others on our Site; and to allow you to
participate in sweepstakes, contests and similar promotions and to administer
these activities (Some of these activities have additional rules, which could
contain additional information about how we use and disclose your Personal
Information, so we suggest that you read these rules carefully).
4. From time to time
you may voluntarily provide Personal Information to complete questionnaires or
to participate in contests, polls or personalized assessments. We use this
information to improve our products and services. We may also use your Personal
Information to provide you newsletters and other marketing information we think
would be of particular interest to you concerning things such as new products
or website features. But you always have the opportunity to let us know if you
do not wish to receive unsolicited promotional materials from us, and we will
make every reasonable effort to honor such requests.
Information we collect about you. We will use this information:
1. To administer our
site and for internal operations, including troubleshooting, data analysis,
testing, research, statistical and survey purposes, and to improve our site;
2. We also use the
information in analyzing trends and statistics, enhancing the operation of the
website to
ensure that content from our site is presented in the most effective manner for
you and for yourcomputer.
3. To allow you to
participate in interactive features of our service, when you choose to do so,
and as part of our efforts to keep our site safe and secure;
4. To address your
comments or inquiries.
Disclosure of Your Information
You agree
that we have the right to share your personal information with:
1. Other Esprita-affiliated
entities and/or trusted business partners with whom we collaborate.
2. Third party
vendors we do not control, to perform functions on our behalf. Examples may
include delivering packages, fulfilling orders, e-mail administrative
functions, processing credit card payments, and providing customer service.
These vendors will be bound by contract to use confidential data only for those
purposes for which they are hired.
3. Your mentoring
sales organization acts as a support network, providing advice, assistance and
information to assist you in building and maintaining a successful Esprita
business. Therefore, Esprita will share Personal Information including, but not
limited to, name, address, identification number, telephone number, email
address, fax number, level or rank, volume and sales statistics with your
upline sales organization. They have agreed that such information is disclosed
for the sole purpose of supporting the IAs to further develop their Esprita
businesses, that the information is confidential, and have agreed to not to
share your information with any non-affiliated third parties, and they are
obligated to observe the intent of this Privacy Policy.
4. Esprita may
disclose Personal Information to a third party in the event that Esprita sells
all or part of its assets to such third party or merges with or is acquired by
the third party.
5. Companiesactingonourbehalf,includingcompaniesthatperformsupportservicesfor us, such as data
processors, technical systems consultants and programmers or companies that
provide services and products to our Independent Associates
We will
disclose your personal information to third parties:
If we are under a duty
to disclose or share your personal data in order to comply with any legal
obligation, or in order to enforce or apply our Terms of Use or Policies and Proceduresandotheragreements;ortobring legal
action or otherwise protecttherights
orpropertyorsafety of Esprita, our
customers, or others. This includes exchanging information with other companies
and organizations for the purposes of fraud protection and credit riskreduction. We may also disclose
information about you if we believe that disclosure is necessary for the public
interest.
Except as stated above or when necessary to share your
information with Esprita agents or business partners for the purposes of
performing services for Esprita, your personal information (name, address,
telephone number, e-mail address or other information) will not be provided to
any third party without your prior consent. We have restricted our agents and
business partners from using your personal information in any way other than to
provide the services contracted for by Esprita.
Where We Store Your Personal Data
If you are visiting the Website from outside the United States and
provide Esprita with personal information, please note that your personal
information will be transferred, stored and processed within the United
States. The data that we collect from you will be transferred to and stored at a
location in North Carolina, USA a destination outside the European Economic
Area ("EEA"). It will also be processed by staff operating outside
the EEA who work for us or for one of our suppliers. This includes staff
engaged in, among other things, the fulfilment of your order, the processing of
your payment details and the provision of support services. By submitting your personal data, you agree
to this transfer, storing or processing. We will take all steps reasonably
necessary to ensure that your data is treated securely and in accordance with
this privacy policy. By doing
business or interacting with Esprita, you are consenting to the transfer of
your personal information to facilities located in the United States and other
facility locations selected by Esprita and to the application of United States
law regarding the collection, transfer and maintenance of your personal
information.
Cookies and Other Technologies
Like many
websites, Esprita website uses “cookie” technology.
A "cookie" is a small data file transferred to your computer's hard
drive that allows a website to respond to you as an individual, gathering and
remembering information about your preferences.
When you first connect to our site, the cookie identifies your browser
with a unique, random number. The cookies we use do not reveal any personal
information about you, except perhaps your first name so we can welcome you on
your next visit. Cookies help us understand which parts of our websites are the
most popular, where our visitors are going, and how long they spend there. We use
cookies to study traffic patterns on our site so we can make the site even
better.
Local
Storage Objects:
We and our third-party service providers may use Flash Local Storage
Objects (“Flash LSOs”) in certain situations including to recognize you and
remember what is in your shopping cart. Flash LSOs are different from browser
cookies because of the amount and type of data stored. In addition, you
generally cannot control, delete or disable the acceptance of Flash LSOs from
your browser. For more information on Flash LSOs, and to learn how to control
them, click on the support Page for the Flash Player and choose Global Storage
Settings Panel and follow the instructions. To see the Flash LSOs on your
computer now, go to the Website Storage Settings Panel and follow the
instructions to review and, if you choose, to delete any specific Flash LSO.
Pixel tags
and other technologies: Clear GIFs
are tiny graphics with a unique identifier, similar in function to cookies.
However, in contrast to cookies, which are stored on your computer’s hard
drive, clear GIFs are embedded invisibly on website pages. We may use clear
GIFs (also known as web beacons, web bugs or pixel tags) in connection with the
Site to, among other things, track the activities of our Site visitors and
compile statistics about Site usage and response rates. We and our third-party
service providers also may use clear GIFs in HTML-formatted e-mail messages to
help us track e-mail response rates, measure the success of our marketing
campaigns, and identify when our e-mails are viewed or forwarded.
Site
Analytics: Esprita may work with third-party
service providers who use the technologies described in this section to conduct
website analytics to help us track and understand how visitors use our Site.
Widgets,
Applications and similar technologies. If
you choose to utilize technology provided by us (such as a widget), any
Personal Information or other information you make available through such
technology may become available publicly, for example, through social media and
other websites and platforms on which you may make the applicable technology
available. In addition, some technology may have the capability to be
distributed “virally” in other locations (for example, a friend or a customer
of yours may post the widget that contains your information to his or her blog).
Esprita is not responsible or liable for the collection, use
or disclosure of Personal Information and/or other information that is made
publicly available.
Google
Analytics.
We also use
Google services, including Google Analytics and Google AdWords which uses
cookies and other, similar technologies to collect information about Site use
anonymously and reports website trends, without identifying individual
visitors. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/,
and opt out of them by downloading the Google Analytics opt-out browser add-on,
available at https://tools.google.com/dlpage/gaoptout.
How we protect
your personal data
It is our
intent to protect against the loss, misuse or alteration of information that we
have collected from you. However, no data transmission over the Internet can be
guaranteed to be 100% secure and while we strive to protect your personal
information, we cannot guarantee or warrant complete security. We use a variety
of current technologies and processes for protection of data.
We seek to protect your information from
unauthorized access by taking the following steps: (i) Firewall protection
- oursite’ssystemsareprotected24hoursadaybyapowerfulfirewallthat blocksunauthorizedentry.Inordertogainaccesstoauthorizedinformation,theweb browser you are using must know the
proper protocol, orlanguage; (ii) Encryption–fromthemomentinformationleavesyourcomputertothetimeitenters our systems, all online access is
encrypted. We employ some of the
strongest forms ofencryptioncommerciallyavailableforuseontheinternettoday. Any payment transactions will be
encrypted using SSL technology; (iii)Password
Protection– your site account
is passwordprotected; (iv) Log-offProtection– our system will automatically log you off from our site after 30
minutes of inactivity. This reduces the risk of others accessing your
information from your unattendedcomputer;
(v). Limited EmployeeAccess–Welimitemployeeaccesstocustomerinformationtothosewho have a business reason to know thisinformation. We also limit the
information we provide to outside companies with whom we contract to only what
they need to carry out their responsibilities.
Every user
that has an account on the website is responsible for (i) keeping his or her
account password confidential and secured, (ii) avoiding unauthorized access to
his or her computer; and (iii) keeping the e-mail address associated with that
account current (you acknowledge that it is important to keep the e-mail
address associated with that account current because although you may be able
to log into your Esprita account using an old e-mail address, you will not
receive messages from Esprita about your orders and inquiries or other
matters).
You shall be
responsible for protecting the confidentiality of your password(s). You acknowledge that, although the Internet
is often a secure environment, sometimes there are interruptions in service or
events that are beyond our control, and Esprita shall not be responsible for
any data lost while transmitting or receiving information on the Internet.
Retention
We will only retain your personal data for as long as
necessary to fulfil the purposes for which we collected it, including for the
purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we
consider the amount, nature, and sensitivity of the personal data, the
potential risk of harm from unauthorized use or disclosure or your personal
data, the purposes for which we process your personal data and whether we can
achieve those purposes through other means, and the applicable legal
requirements.
Your
rights under Esprita’s Privacy Policy.
You
have the right to review, add to, and/or update the information you have
provided to us, or you can choose to close your account at any time, in each
case by contacting us by email at
Support@esprita.com. Where we have
obtained your consent for the processing of your personal data, you have the
right to withdraw your consent at any time. If you decide to
close your account, we will deactivate it, and delete your profile information
and your reviews from view. We will send you an email to confirm your request.
Remember that once your account is closed, you will no longer be able to login
or access your personal information. You can however, open a new account by
reregistering at any time.
We
offer customers and IAs the option to save information related to method and
choice of payment on our website. If you save such payment details on esprita.com,
you will be able to add, delete, or modify that information at any time in your
account settings.
In
accordance with applicable law, you may also have the right of access, the
right of rectification, the right to erasure, the right to restriction of
processing, the right to data portability and the right to object. Please find
below more details and information on how and when you may be able to exercise
your rights. Where such rights exist, we will respond to your request within
one month, but have the right to extend this period with two months.
In
accordance with applicable law, you may have the following rights with regard
to your personal data:
1. The right to request access to your personal data. This
enables you to receive a copy of the personal data we hold about you and to
check that we are lawfully processing it.
2. The right to request to correct your data if they are
inaccurate. You may also supplement any incomplete data we have, taking into
account the purposes of the processing.
3. The right to request deletion of your personal data if: your
personal data is no longer necessary for the purposes for which we collected or
processed them; or you withdraw your consent if the processing of your personal
data is based on consent and no other legal ground exists; or you object to the
processing of your personal data and we do not have an overriding legitimate
ground for processing; or your personal data is unlawfully processed; or your
personal data has to be deleted for compliance with a legal obligation.
4. The right to object to the processing of your personal data.
We will comply with your request, unless we have a compelling overriding
legitimate interest for processing or we need to continue processing your
personal data to establish, exercise or defend a legal claim.
5. The right to restrict the processing of personal data, if:
(i) the
accuracy of your personal data is contested by you, for the period in which we
have to verify the accuracy of the personal data; or
(ii) the
processing is unlawful and you oppose the deletion of your personal data and
requests restriction; or
(iii) we
no longer need your personal data for the purposes of processing, but your
personal data is required by you for legal claims; or
(iv) you
have objected to the processing, for the period in which we have to verify
overriding legitimate grounds.
6. The
right to portability, specifically, the ability to receive your personal data
in a format for which allows you to transfer such data from one firm to
another
You
can exercise your rights by filing a request by e-mail to Support@esprita.com.
You
will not have to pay a fee to access your personal data (or to exercise any of
the other rights). However, we may charge a reasonable fee if your request is
clearly unfounded, repetitive or excessive.
We
may need to request specific information from you to help us confirm your
identity and ensure your right to access your personal data (or to exercise any
of your other rights). This is a security measure to ensure that personal data
is not disclosed to any person who has no right to receive it. We may also
contact you to ask you for further information in relation to your request to
speed up our response.
Third Party
Websites
The Site may
provide hyperlinks, which are highlighted words or pictures within a hypertext
document that, when clicked, take you to another place within the document, to
another document altogether, or to other web sites not controlled by Esprita.
These hyperlinked web sites may contain privacy provisions that are different
from those provided herein. Esprita is not responsible for the collection, use,
or disclosure of information collected through these web sites or links, and we
expressly disclaim any and all liability related to such collection, use, or
disclosure.
Social
Network and Interactive Tools
Certain features on our Site may give you an
opportunity to interact with us and others. These may include blogs, message
boards, messaging functionality, chat functionality, and creating community
profiles. When you use these features, you should be aware that any information
you submit, including your name, location and e-mail address, may be publicly
available to others. We are not responsible for any information you choose to
submit through these interactive features and we strongly discourage you from
disclosing any sensitive Personal Information (such as health or credit card
information) through these features. If you use these features, your Personal
Information may remain on the Site even after you cease use of the Site.
Protection of
Children's Privacy
The Site is a
general audience web site that is not specifically designed or targeted at
children. If you are under 18, you may use the Site only with involvement of a
parent or guardian. We abide by the requirements of the Children's Online
Privacy Protection Act (COPPA) and other relevant laws. We do not knowingly
collect, use or disseminate any personally identifiable information from
children under the age of 13. If, however, we become aware that personally
identifiable information regarding a child under the age of 13 has been
collected at the Site, we will delete such information from our records.
Special note
for residents of California.
Your
California Privacy Rights.
Under California Civil Code § 1798.83, we
are required to disclose to consumers the following information upon written
request: (1) the categories of personal information that we have disclosed to
third parties within the prior year, if that information was subsequently used
for marketing purposes; and (2) the names and addresses of all such third
parties to whom such the personal information was disclosed. We hereby disclose that we have not disclosed any
such personal information to a third party for direct marketing purposes
regarding any California resident during the one-year period prior to the
effective date of this Privacy and Information Security Policy. California
residents seeking additional information on this requirement or our privacy
practices in general may email Customer Service at Support@esprita.com with the
headline “PRIVACY REQUEST” in the message line.
How to Access
or Correct Your Information
If you have any questions or complaints about the processing of
your personal data by us, please contact us at Support@esprita.com If you identify any inaccuracy in your
personal information, or you need to make a change or would like to verify such
information, please contact us so that we may update our records or you may go
online to Esprita’s web site and update your own information where
possible. Esprita contact information is also set forth below. We will use commercially reasonable efforts
to accommodate all such requests.
Modifications
to Policy
We
know that our business will continue to evolve, and, as such, from time to time
this Privacy Policy may be reviewed and revised. The foregoing policies
are effective as of the date written above. Esprita reserves the right to
change this policy at any time and will notify users of the existence of a new
Privacy Policy via e-mail or by posting the latest version on our Site. We will notify our customers and IAs of material changes to this
Privacy Policy by either sending a notice to an email address you provided to
us or by placing a notice on our website. Any changes to
this Policy will be effective immediately upon notice. Use of the Site after
notice of changes will be deemed acceptance of such changes. Be sure to review
this Privacy Policy periodically to ensure that you are familiar with the most
current version. This statement and the policies outlined here are not intended
to and do not create any contractual or other legal rights in or on behalf of
any party.
How to Contact
Us
If you have
any concerns about our use of your information or about this Privacy Policy,
please send an email to Support@esprita.com . We will make every reasonable
effort to address your concerns and remedy any problems you bring to our
attention.
If you have any questions, feel free to contact us through our
Customer Service.
Esprita, Inc.
Phone: 1-866-ESPRITA Email:
Support@esprita.com