Privacy Policy

Updated September 1, 2022.

This Privacy Policy describes how vivascapes.com (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.

After reviewing this policy, if you have additional questions, want more information about our privacy practices, or would like to make a complaint, please contact us by e-mail at kyledamyen@vivascapes.com or by mail using the details provided below:

786 N 2853RD RD Utica, IL 61373

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information about an identifiable individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

Device information

Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.

Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.

Disclosure for a business purpose: shared with our processor godaddy.com. We do not currently have any external vendors. 

Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.

Order information

Purpose of collection: To provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

Source of collection: Collected from you, the customer. 

Disclosure for a business purpose: Shared with our processor godaddy.com.

Personal Information collected: Name, billing address, shipping address, payment information including credit card numbers, email address, and phone number.

Customer support information

Purpose of collection: To provide timely response to customer support inquiries. 

Source of collection: Collected from you, the customer. 

Disclosure for a business purpose: Shared with our processor godaddy.com.

Personal Information collected: Name, email address, phone number, order number. 

Purpose of collection: To provide customer support.

Source of collection: Collected from you, the customer. 

Minors

We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address above to request deletion.

Sharing Personal Information

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

We use Godaddy to power our online store. You can read more about how Godaddy uses your Personal Information here: https://www.godaddy.com/trust-center/privacy

We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Behavioral Advertising

VivaScapes does not partake in behavioral based advertising at this time. This policy is subject to change in the future. Our host, godaddy.com, does use behavioral based advertising. The use of cookies and other data for advertising purposes can be found on their website. https://www.godaddy.com/legal/agreements/privacy-policy

Using Personal Information

We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.

Lawful basis

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

Your consent;

The performance of the contract between you and the Site;

Compliance with our legal obligations;

To protect your vital interests;

To perform a task carried out in the public interest;

For our legitimate interests, which do not override your fundamental rights and freedoms.

Retention

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

Automatic decision-making

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

We DO NOT engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Selling Personal Information

VivaScapes.com does not sell personal information. 

Your rights

GDPR

If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information above. 

If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address above.

CCPA

If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information above.

If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address above.

Cookies

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

We use the following cookies to optimize your experience on our Site and to provide our services.

Cookies used by GoDaddy.com

GoDaddy

OUR USE OF COOKIES, WEB BEACONS, AND SIMILAR TECHNOLOGIES

Last Revised: 3/29/2022

First and foremost, we DO NOT sell your personal information. However, when you visit or interact with our sites, services, applications, tools or messaging, we or our authorized service providers may use cookies, web beacons, and other similar technologies to make your experience better, faster and safer, for advertising purposes and to allow us to continuously improve our sites, services, applications and tools. Any personal information or data collected by these technologies is used only by us or by our authorized service providers on our behalf, and you always have full control over whether these technologies work on your devices by visiting our Manage Settings to toggle them ‘on’ or ‘off’.

You're in control

Other than for those that are considered “essential” (more on that below), if you do not wish to accept these technologies in connection with your visit to or use of our sites, services, applications, tools or messaging, you may visit our Manage Settings page, and may also exercise any of the additional options that are described below.

What are cookies, web beacons and similar technologies

These technologies are essentially small data files placed on your computer, tablet, mobile phone or other device (“collectively, a “device”) that allows us to record information when you visit or interact with our websites, service, applications, messaging, and other tools. Though often these technologies are generically referred to as “Cookies,” each functions slightly differently, and is better explained below:

Cookies: Cookies are small (often encrypted) text files placed in the memory of your browser or device when you visit a website or view a message. Cookies allow a website to recognize a particular device or browser. There are several types of cookies:

Session cookies expire at the end of your browser session and allow us to link your actions during that particular browser session.

Persistent cookies are stored on your device in between browser sessions, allowing us to remember your preferences or actions across multiple sites.

First-party cookies are those set by a website that is being visited by the user at the time in order to preserve your settings (e.g., while on our site).

Third-party cookies are placed in your browser by a website, or domain, that is not the website or domain that you are currently visiting. If a user visits a website and another entity sets a cookie through that website this would be a third-party cookie.

Cookies are used for a variety of purposes on our website. As an example, we use cookies to store information that allows us to present our site in your local language, or prices in local currency. We also use cookies to communicate data to our servers when you visit, allowing you to stay logged in to your account during your visit or maintain the site preferences you select. Preventing your browser from accepting 1st party cookies will prevent the placement of some cookies that are classified as “Essential”.

Web beacons: A web beacon (also called “tracking pixels” or “image tags”) is a small file (most often a transparent, 1x1 GIF file) that is loaded on our web pages. These pixels may work in concert with cookies to collect information about your visit, your web browser/device, browsing activity, or onsite behavior and provide that information to service providers. Pixels are most commonly used to collect anonymous traffic metrics (page visits, button clicks, order completion) used to analyze site performance.

Scripts: A script is a small piece of website code placed on our websites to power customer service tools like live chat, allow for the delivery of video tutorials in our help section, and allow us to provide interactive experiences to visitors. They are also used to collect data that we use for website analytics, or to provide data on the effectiveness of our advertising.

Similar technologies: Technologies that store information in your browser or device utilizing local shared objects or local storage, such as flash cookies, HTML 5 cookies, and other web application software methods. These technologies can operate across all of your browsers. In some instances, these technologies may not be fully managed by your browser and may require management directly through your installed applications or device. We do not use these technologies for storing information to target advertising to you on or off our sites.

What technologies do we use and why

Our cookies, web beacons and similar technologies serve various purposes, but generally they (1) are necessary or essential to the functioning of our sites, services, applications, tools or messaging, (2) help us improve the performance of or provide you extra functionality of the same, (3) help us to serve relevant and targeted advertisements, or (4) allow us to offer support tools that you utilize to interact with our care guides:

Strictly Necessary or Essential: "Strictly necessary" or “essential” cookies, web beacons and similar technologies let you move around the website and use essential features like secure areas and shopping baskets. Without these technologies, services you have asked for cannot be provided. Please note that these technologies do not gather any information about you that could be used for marketing or remembering where you've been on the internet. Accepting these technologies is a condition of using our sites, services, applications, tools or messaging, so if you utilize tools that might prevent these from loading, we can't guarantee your use or how the security therein will perform during your visit.

Performance: Performance technologies may include first or third-party cookies, web beacons/pixels, and scripts placed in order to gather information about how you use our website (pages you visit, if you experience any errors, load times). These cookies do not collect any information that could identify you and are only used to help us improve how our website works, understand the interests of our users, and measure how effective our content is by providing anonymous statistics and data regarding how our website is used.

Advertising: Advertising technology may include first or third-party cookies, web beacons/pixels, and scripts placed in order to gather information on the effectiveness of our marketing efforts, deliver personalized content, or to generate data that allows for the delivery of advertising relevant to your specific interests on our sites, as well as third-party websites. We also utilize 3rd party service providers to assist us in delivering on the same functions, which means that our authorized service providers may also place cookies, web beacons and similar technologies on your device via our services (first and third party cookies). They may also collect information that helps them identify your device, such as IP address, or other unique or device identifiers.

Support: Support technologies may include first or third-party cookies, web beacons / pixels, and scripts placed in order to provide tools for you to interact with our customer support teams. This technology allows us to provide chat services, gather customer feedback, and other tools used to support our visitors. Data collected for these purposes is never used for marketing or advertising purposes.

How to manage, control and delete these technologies

You may manage certain cookies, web beacons and similar technologies we place by visiting our manage settings control panel. You may also visit our "Advertising Preferences" link in the footer of our webpages.

You may block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) it may limit your use of certain features or functions on our website or service. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon as you visit our site. Please note, as further described in our Privacy Policy, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser.

Cookie expiration. 

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: www.allaboutcookies.org.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

Do Not Track

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Changes

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

Complaints

As noted above, if you would like to make a complaint, please contact us by e-mail or by mail using the details provided under “Contact” above.

If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. 

Last updated: 9/1/2022