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Terms and Conditions

Avive Solutions, Inc.
Terms and Conditions

Last Updated: December 4, 2022

Welcome, and thank you for your interest in Avive Solutions, Inc. (“Avive”, “we”, “us”, or “our”) and our website at https://avive.life, including subdomains of such website (collectively, the “Site”). These Terms (as defined below) are a legally binding contract between you and Avive regarding your use of the Site.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SITE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY (DEFINED BELOW) (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SITE. YOUR USE OF THE SITE, AND AVIVE’S PROVISION OF THE SITE TO YOU, CONSTITUTES AN AGREEMENT BY AVIVE AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE.  Except for certain kinds of disputes described in Section 15 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND AVIVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. Overview:  The Site provides information about Avive and our products and services, including the Avive Automated External Defibrillator (AED), our approved accessories, and related software systems. The Avive AED has been approved by the U.S. Food and Drug Administration (FDA) for prescription use only and is indicated for adult and pediatric patients over 1 years of age.

2. No Medical Advice

2.1 Information Only. WE DO NOT PROVIDE MEDICAL ADVICE. The information made available on or through the Site is not a substitute for any professional medical advice. All information or content provided on our Site, including information about our company, subsidiaries, products, technology, and solutions, is for general informational purposes only. You should always seek the advice of a qualified healthcare professional with any questions you may have regarding your health or use of any medical products. Healthcare professionals should exercise their own professional judgment when using our content on our Site. While we attempt to keep all the information on the Site up-to-date, information can change quickly, and the information and content that you find on our Site should not be considered error-free or as a comprehensive source of all information on a particular topic. We do not warrant that any information or content provided on or through our Site is accurate, complete or useful to you. Any reliance you place on such information is strictly at your own risk. We assume no responsibility for any consequences relating directly or indirectly to any action or inaction you may take based upon the information and materials on our Site.

2.2 No Doctor-Patient Relationship. USE OF OUR SITE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP. No information contained on the Site is intended to be used for medical diagnosis or treatment. You acknowledge and agree that none of the information or content provided through or on any Site has the ability to diagnose, prescribe, or perform any tasks that constitute the practice of medicine.

IN THE CASE OF A HEALTH EMERGENCY, SEEK IMMEDIATE ASSISTANCE FROM A HEALTHCARE PROFESSIONAL. YOU SHOULD NEVER DELAY OBTAINING MEDICAL ADVICE OR DISREGARD ANY MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE OR HAVE NOT READ ON ANY OF OUR SITE.

3. ELIGIBILITY

To access or use some features of our Site, you may be required to register as a user. If you are under the age of eighteen (18), you are not permitted to register as a user. By registering as a user, you represent and warrant that: (a) you are at least eighteen (18) years old; (b) you have not previously been suspended or removed from the Site or any other service provided by Avive; and (c) your use of the Site is in compliance with any and all applicable laws and regulations and you are legally qualified to enter and form contracts under applicable law.

If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms.

4. YOUR USE OF THE SITE

4.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Avive grants you, soley for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site.

4.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Site; (b) make modifications to the Site; or (c) interfere with or circumvent any feature of the Site, including any security or access control mechanism. If you are prohibited under applicable law from using the Site, you may not use it.

4.3 Information You Submit. Do not submit any information or other materials that you consider confidential or proprietary through the Site. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site (“Feedback”), then you do so on a non-confidential basis (regardless of any designation or indication to the contrary in the submitted information or any accompanying correspondence) and you hereby grant Avive an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free transferable, sublicensable right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create other products and services.

5. OWNERSHIP; PROPRIETARY RIGHTS. The Site is owned and operated by Avive. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) provided by Avive are protected by intellectual property and other laws. All Materials included in the Site are the property of Avive or its third-party licensors. Except as expressly authorized by Avive, you may not make use of the Materials. Avive reserves all rights to the Materials not granted expressly in these Terms.

6. LINKED WEBSITES.  The Site may contain links to third party websites. Linked websites are not under Avive’s control, and Avive is not responsible for any third-party content.

6.1 Third Party Content. Opinions, advice, statements, or other information made available through the Site by third parties, such as other users, are those of their respective authors, and should not necessarily be relied upon. Those authors are solely responsible for their content. Avive does not guarantee the accuracy, completeness, or usefulness of any third-party information in any company or otherwise accessible on or through the Site and will not be responsible for any loss or damage resulting from your reliance on third-party information.

7. PROHIBITED CONDUCT. BY USING THE SITE YOU AGREE NOT TO:

    1. use the Site for any illegal purpose or in violation of any local, state, national, or international law;
    2. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
    3. interfere with security-related features of the Site, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law;
    4. interfere with the operation of the Site or any user’s enjoyment of the Site, including by uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code or interfering with or disrupting any network, equipment, or server connected to or used to provide the Site;
    5. perform any fraudulent activity including impersonating any person or entity, or claiming a false affiliation;
    6. sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or
    7. attempt to do any of the acts described in this Section 7 or assist or permit any person in engaging in any of the acts described in this Section 7.

8. E-COMMERCE  The Site may allow you to purchase Avive’s products. Any products purchased through the Site will be subject to a separate purchase and sale agreement. Before you purchase any products from the Site, you will have an opportunity to review and accept the fees that you will be charged. Avive (or its third-party payment processor) will charge the method you specify at the time of purchase. You authorize Avive (or its third-party payment processor) to charge all fees for the product(s) you select to your payment method. If you pay any fees with a credit card, Avive (or its third-party payment processor)  may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

9. MODIFICATION OF THE SITE.  Avive reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. Avive will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.

10. MODIFICATION OF THESE TERMS. We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Except as expressly permitted in this Section 10, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

11. TERM.  These Terms are effective beginning when you accept the Terms or first access, or use the Site, and ending when terminated as described in this Section 11. If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminate. In addition, Avive may, at its sole discretion, terminate these Terms, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Site; (b) you will no longer be authorized to access the Site; and (c) Sections 2, 4.3, 5, 11, 12, 13, 14, 15 and 16 will survive.

12. INDEMNIFICATION.  To the fullest extent permitted by law, you are responsible for your use of the Site, and you will defend and indemnify Avive and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Avive Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

13.  NO WARRANTIES

13.1 THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. AVIVE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. AVIVE DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND AVIVE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

13.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR AVIVE ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE AVIVE ENTITIES OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITE OR YOUR USE OF THE SITE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA.

13.3 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Avive does not disclaim any warranty or other right that Avive is prohibited from disclaiming under applicable law.

14. LIMITATION OF LIABILTIY

14.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AVIVE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY AVIVE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

14.2 TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE AVIVE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.

14.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15. DISPUTE RESOLUTION AND ARBITRATION

15.1 Generally. Except as described in Section 15.2 (Exceptions) and 15.3 (Opt-Out), you and Avive agree that every dispute arising in connection with these Terms will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

15.2 Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

15.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 15 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Avive Solutions, Inc. Attention: Legal Department – Arbitration Opt-Out, 185 Valley Drive, Brisbane, CA 94005 that specifies: your full legal name, the email address associated with your account on the Site, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once we receive your Opt-Out Notice, this Section 15(Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 16.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

15.4 Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Avive.

15.5 Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Avive’s address for Notice is: Avive Solutions, Inc., 185 Valley Drive, Brisbane, CA 94005. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Avive may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Avive will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if Avive has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.

15.6 Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence/billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence/billing address. During the arbitration, the amount of any settlement offer made by you or Avive must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

15.7 Arbitration Relief. Except as provided in Section 15.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brough in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Avive before an arbitrator was selected, Avive will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties. Judgment on the award may be entered in any court having jurisdiction.

15.8 No Class Actions. YOU AND AVIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Avive agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

15.9 Modifications to this Arbitration Provision. If Avive makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Avive’s address for Notice of Arbitration, in which case your account with Avive will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

15.10 Enforceability. If Section 15.8 (No Class Actions) or the entirety of this Section 15 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Avive receives an Opt-Out Notice from you, then the entirety of this Section 15 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 16.2 (Governing Law) will govern any action arising out of or related to these Terms.

16. MISCELLANEOUS

16.1 General Terms. These Terms, together with the Privacy Policy available at https://avive.life/privacy-policy (the “Privacy Policy”) and any Additional Terms (defined below), are the entire and exclusive understanding and agreement between you and Avive regarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

16.2 Governing Law. These Terms shall be governed by the laws of the State of California without excluding its conflicts-of-law provisions. Any dispute between the parties regarding this Agreement will be subject to the exclusive venue of the state and federal courts in San Mateo County, California.  The parties hereby consent to the exclusive jurisdiction and venue of such courts.

16.3 Privacy Policy. Please read the Privacy Policy https://avive.life/privacy-policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

16.4 Additional Terms. Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from the Site or that you agree to in connection with certain technology or services made available to you by or on behalf of Avive (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

16.5 Consent to Electronic Communications. By using the Site, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

16.6 Contact Information. The Site is offered by Avive Solutions Inc., located at 185 Valley Drive, Brisbane, CA 94005. You may contact us by sending correspondence to that address or by emailing us at support@avive.life.

16.7 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.

16.8 No Support. We are under no obligation to provide support for the Site. In instances where we may offer support, the support will be subject to published policies.

16.9 International Use. The Site is intended for visitors located within the United States. We make no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited.

 

Privacy Policies

Privacy 

Policy

Your privacy is important to us. It is Avive Solution, Inc.’s (“Avive,” “we,” “our,” or “us”) policy to respect your privacy, and we have created this privacy policy (the “Privacy Policy”) to explain how we collect, use, share and protect your personal information when you (“you” or “your”) use our products or when you visit https://avive.life or our other websites and apps (collectively, the “Services”). Please review this Privacy Policy carefully. By using our Services, you agree to these privacy practices; if you do not agree with our privacy practices or our Terms of Service, you may not use the Services.

1. What types of information do we collect?

“Personal information” as used in this Privacy Policy means information that identifies you as an individual or can be used to identify you. Examples of personal information include your name, email address, and contact information.

Generally, we intend to collect information related to our Services, namely manufacturing and sales of medical devices and provision of related services. We do not request sensitive personal health information from individual use of these devices.

We may collect the following categories of personal information about you:

  • Account information. We collect information when you create and use an account through the Services, such as when you make a purchase. Personal information collected may include your username, password, social media profiles, and email address.
  • Contact information and preferences. We collect contact information, such as your name, telephone number, mailing address, and other identifiers when you use the Services, including when you provide information to us or make a purchase.
  • Biographical and demographic information. This information includes your date of birth, age, and gender.
  • Employer information. We collect information about your employer, including your employer’s name and address.
  • Financial and payment information. If you make a purchase through the Services we will collect your order information, payment, and billing/shipping information, such as your credit card number, expiration date, and CVV code to process and fulfill your orders.
  • Internet activity/device information. When you use the Services, we automatically gather information made available by your web browser, internet service provider, and device (such as your computer, phone, tablet, or smart watch), depending on your settings for each. For example, we may collect your IP address, information about the operating system or type of device used, the device ID associated with your device, the date and time you access the Services, and your log in attempts. We may also collect information about your browsing and search history and information regarding your interaction with a particular website, application, or advertisement, including the Services; and we may collect information regarding the websites, applications, or advertisements you visited immediately before and after your use of the Services.
  • Geolocation information. We collect your approximate location from your IP address.
  • Communications with Avive. We collect information including your interactions with us and contacts through social media.
  • Other personal information. We may collect other information from you, such as when you request assistance through customer service, or when you voluntarily subscribe to newsletters or reminders. You will always be asked for your consent in advance of providing such other information.

 

2. How/when do we collect your information?

Avive collects the personal information referenced in Section 1 through the following sources and means:

  • When you provide information through use of the Services. We collect personal information when you provide it, for example, when you create an account, make a purchase, or save preferences. We also collect personal information, such as your email address, if you sign up for newsletters, or provide your contact information via downloads of our published content.
  • From your device(s). We collect data through our websites and apps and automatically from devices you use to connect to our Services.
  • When you make a purchase. When you make a purchase, we will collect information to process, fulfill and ship your order.
  • When you communicate with us. We collect information from your communications, such as when you email us, contact customer service, or communicate via social media.
  • Through cookies, tracking tools, and other automated technologies. When you use our Services, your web browser automatically sends us device and internet connection information and certain internet activity information as described in Section 1. Cookies are files that are placed on your computer or other device by the websites you visit. The primary purpose of a cookie is to identify you as a unique user of the Services. Avive uses cookies and web beacon technology to gather information, for example, device and internet connection information, internet activity information, and geolocation. For more information about our use of cookies, please review our Cookie Policy. You can change your cookie settings in your internet browser and use preferences or settings on your device to manage your privacy controls. However, if you disable cookies or other tools, some of the features of the Services may not function correctly. For more information, see https://www.allaboutcookies.org/ and learn how to disable these tools by opting-out of third-party cookiesand mobile device ID practices for targeted advertising.
  • From third parties. Avive may collect transaction and payment information as well as email addresses, phone numbers, and other personal information from services providers (for example, payment processors and shipping providers) as necessary to complete transactions through the Services.
  • Other non-personalized data. We may collect this information at any time from public, third party, and other sources including social media.

 

3. How do we use your information?

Avive uses the information we collect for certain business and commercial purposes. “Business purposes” means the use is necessary to provide and Services and “commercial purposes” are uses that advance our business interests, such as marketing the Services.

For the most part, Avive uses personal information to provide our products and Services to you and make them better, to process your transactions, to communicate with you, for security and fraud prevention, and to comply with law. We may also use personal information for other purposes with notice or with your consent.

Generally, we use personal information to:

  • Provide and develop our products and Services. Avive collects information to provide our Services, maintain our websites and apps, and better understand the interests of our customers and visitors who use our Services. We may also use your information to customize your experience with Avive such as recognizing you when you visit our websites, remembering your preferences, or showing you more relevant advertisements.
  • Process and fulfill your orders. We collect payment information to process your transactions and deliver our products and Services.
  • Communicate with you. We use your information to respond to your inquiries from you. We may send you administrative communications regarding our products or Services, your purchases and transactions. We may also notify you about special promotions or offers that may be of interest to you and invite you to participate in surveys about our products or Services.
  • Security and fraud prevention. We may use personal information to monitor, detect and prevent fraud and improper or illegal activity and protect you, Avive, other customers, and the public. We also use data to secure our online services including our network, websites and apps debug our online services.
  • Comply with law. To comply with applicable law, comply with Avive’s legal and regulatory obligations, defend ourselves in litigation and investigations, and to prosecute litigations.
  • To advertise to you. We may use information gathered through cookies and web beacons, including those placed by third parties, to deliver advertisements specific to your personal interests. You can learn more about retargeting practices, including how to revoke your consent, by visiting these websites or contacting us.

www.youronlinechoices.com/uk/your-ad-choices

www.networkadvertising.org/choices

www.aboutads.info/choices

  • To advertise to others. We may use information to advertise to others, for example, by sharing your reviews about us.

We may also aggregate, anonymize and/or de-identify data we collect about customers and site visitors and use it for any purpose, including product and service development and improvement activities.

 

4. How do we disclose your information?

Avive may disclose your personal information with the following third parties for the business and commercial purposes discussed above:

  • Service Providers. We may share your personal information with our vendors, contractors, business and service partners, or other third parties. Examples of service providers include advertisers, payment processing companies, customer service and support providers, email, IT services and SMS vendors, web hosting and development companies and fulfillment companies. Avive’s practice is to require its service providers to keep your personal information confidential and to use personal information only to perform functions for Avive.
  • Affiliated Entities. If we are subject to an acquisition, merger, sale or other change of control or business entity status, or a bankruptcy, we reserve the right to transfer or assign your information as part of that acquisition, merger, sale, or bankruptcy. Avive may also share your information with any affiliated entities, which are businesses that are directly related to us and have common ownership, where your information is still treated in accordance with this Privacy Policy.
  • Government Officials and Other Parties. To comply with our legal obligations, we may disclose your personal information in response to subpoenas, court orders, and other valid legal processes (for example it may be necessary for us to share information with the FDA). We may also disclose personal information when we believe it is necessary to prevent illegal, fraudulent, or injurious actions that may cause harm to individuals.
  • Advertising Partners. We may disclose information as needed to advertising partners. For example, we may share information gathered through cookies and tracking tools to allow a third party to advertise our products to you after you leave our website.
  • Other Users. We may share your public content, such as reviews and comments about the Services and our products, including by reposting your reviews on our website, in our advertising, and through our social media accounts.
  • Sponsors or Promoters. We may disclose information as needed to sponsors or promoters of any competition we run.

 

5. International transfers of personal information

Avive does not sell personal information for money. However, as outlined above, we use cookies and other tracking tools, including those placed by third parties. The primary purpose of this practice is to deliver personal advertisements that are specific to your interests and avoid displaying repetitive or irrelevant advertisements to you. Except for this kind of sharing, we do not sell any of your information. For more information, please see our Cookie Policy .

 

6. How do we protect your information?

We maintain safeguards to protect the confidentiality and security of information transmitted to us. However, no data transmission over the internet can be 100% secure. As a result, to the extent permitted by law, we do not guarantee or warrant the security of any information you transmit to or from our Services, and you do so at your own risk. The security of your personal information also depends on you. You should protect and refrain from sharing your sensitive personal information and immediately notify us or impacted third parties of any suspected data breach.

 

7. What are your privacy rights?

We respect your decisions about your personal information. Depending on where you reside, you may have certain rights and choices regarding our processing of your information, as outlined below.

  • Right to know the categories and/or specific pieces of personal information collected about you, including whether your personal information is sold or disclosed, and with whom your personal information was shared
  • Right to access a copy of the personal information we retain about you
  • Right to correct personal information we retain about you
  • Right to request deletion of your personal information
  • Right to direct us to correct your personal information
  • Right to opt out of certain privacy practices, including any sale or sharing of information and use of automated decision-making technology if applicable. Please see our Do Not Sell or Share My Personal Information
  • Right to limit the use and disclosure of sensitive personal information if applicable. Please see our Limit the Use of My Sensitive Personal Information
  • Right to access information about automated decision making
  • Right to no discriminatory treatment (we will not discriminate against you for exercising your rights)

Financial Incentives
Avive offers programs, benefits, and other offerings to consumers related to the collection, retention, or sharing of personal information that may be deemed a “financial incentive” or “price or service difference”. These offerings may involve collecting the following categories of personal information from customers who participate: identifiers; commercial information and preferences; internet or other electronic network activity information and device information. We are providing you with this information so that you may make an informed decision on whether to participate in our programs.

California’s Shine the Light
In addition, under California’s “Shine the Light” law, California residents who provide information when using the Services may request certain information regarding our disclosure of your information to third parties for their direct marketing purposes.

European Economic Area Residents
Generally, residents of the European Economic Area (“EEA”) have the right to access information we hold about you and to ask that your information be corrected, updated, or erased, and the right to object to, or request that we restrict, certain processing of your information. You also have the right to lodge a complaint with the data privacy authority where you live, see e.g., this website. If you are a resident of the EEA or the UK, our legal basis for collecting and using your personal data or information is to do so with your consent, in performance of a contract, or where the collection and use 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 the personal information in question. You may withdraw your consent to our collection and use of your personal data and to exercise your rights. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Other Laws
If certain other privacy laws apply to you that afford you with additional rights, please contact us to make a request, as we strive to comply with all privacy rights.

Process for Making a Request
To make a privacy request regarding your personal information, please contact us as outlined below with your name and the email associated with your use of the Services. If you are making a privacy request through an authorized agent, please also provide the agent’s name and email address and statement of authorization. If we need additional information to verify your identity or process your request, we will promptly respond to you.

There may be situations where we cannot grant your request, for example if you make a request and we cannot verify your identity, we will not be able to comply with the request. We may also be unable to comply with your request if we have a legal or regulatory obligation to keep your personal information. Where we deny your request in whole or in part, we will take steps to inform you of the denial and provide an explanation of our actions and the reasons for the denial.

Please note, certain choices may affect our ability to deliver the Services. For example, if you sign up to receive marketing communications by email, then ask us to delete all of your information, we will be unable to send you marketing communications.

 

8. How do we protect the privacy of children?

Avive does not knowingly collect any personal information about children under the age of 13. If we obtain actual knowledge that we have collected such information, that information will be immediately deleted from our database. Because we do not collect such information, we have no such information to use or to disclose to third parties.

 

9. How long do we keep your information?

We retain your information as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law or a valid court order. If you request deletion of your information, your request will be processed according to the timeframes indicated therein and/or pursuant to any applicable legislation.

 

10. Do we transfer your information to a different country?

The personal information we collect is stored and processed in Canada and United States, or where we or our partners, affiliates and third-party providers maintain facilities. By providing us with your personal information, you consent to the disclosure to these overseas third parties.

We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.

Where we transfer personal information from a non-EEA country to another country, you acknowledge that third parties in other jurisdictions may not be subject to similar data protection laws to the ones in our jurisdiction. There are risks if any such third party engages in any act or practice that would contravene the data privacy laws in our jurisdiction and this might mean that you will not be able to seek redress under our jurisdiction’s privacy laws.

 

11. How can you receive and opt-out from marketing communications?

By providing your email address to Avive through the Services or an email initiated by you, you consent to receive emails from us, including information concerning your account and advertising messages. Depending upon your location, we may obtain additional consent from you if required. Providing consent to promotional emails is NOT a condition of purchasing any of our products. You can unsubscribe to advertising emails at any time by clicking the unsubscribe link within the email, or by contacting us at our email address below. Please note that, even if you unsubscribe from advertising emails, we will still send you any necessary, non-promotional emails about your purchase, account, or updates to our Privacy Policy and Terms of Service.

 

12. Links to third-party websites

Our Services may contain links to websites operated and maintained by third parties. We do not make any guarantees, promises, or warranties regarding any third-party websites or content, we do not control third parties and have no responsibility for third parties, and your use of such third-party websites at your own risk. This Privacy Policy does not apply to such third-party websites. You should always read the privacy policy of a linked website before disclosing your information.

 

13. Do we respond to Do No Track ("DNT") signals?

DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked. We do not respond to DNT requests.

 

14. How will you know when we change our Privacy Policy?

Each time you use the Services, the then-current version of this Privacy Policy, which will be posted on the Website, will apply. If you continue to use the Website after a new version is posted, you are consenting to the modified terms. Depending upon your location, we may obtain additional consent from you if required. Further, unless we receive your express consent, any revised Privacy Policy will apply only to information collected after the effective date of such revised Privacy Policy and not to information collected under any earlier version.

 

15. How can you contact us regarding our Privacy Policy?

Avive Solutions, Inc. controls the information and data provided to and collected by us. If you would like to access, correct, amend, or delete any personal information we have about you, make a complaint, or simply want more information, please contact us. Our website has a Contact Form and our contact information is below. If you contact us, your information may be collected, used, and shared in connection with your request and this Privacy Policy.

Avive Solutions, Inc.
Attention: Privacy & Security
185 Valley Drive
Brisbane, CA 94005
support@avive.life