The Vitamin Shoppe and its subsidiaries and affiliates Betancourt Sports Nutrition, LLC, Vitamin Shoppe Global, Inc., Vitamin Shoppe Mariner, Inc., VS Hercules, LLC, Vitamin Shoppe Florida, LLC, Vitamin Shoppe Industries Inc. and Vitamin Shoppe Procurement Services, LLC (collectively, “Vitamin Shoppe”) respect your concerns about privacy. Vitamin Shoppe participates in the EU-U.S. and Swiss-U.S. Privacy Shield (collectively, “Privacy Shield”) frameworks issued by the U.S. Department of Commerce. Vitamin Shoppe commits to comply with the Privacy Shield Principles with respect to Consumer Personal Data the company receives from the EU, UK and Switzerland in reliance on the Privacy Shield. This Policy describes how Vitamin Shoppe implements the Privacy Shield Principles for Consumer Personal Data.
For purposes of this Policy:
“Consumer” means any natural person who is located in the EU, UK or Switzerland, but excludes any individual acting in his or her capacity as an Worker.
“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
“EU” means the European Union and Iceland, Liechtenstein and Norway.
“Personal Data” means any information, including Sensitive Data, that is (i) about an identified or identifiable individual, (ii) received by Vitamin Shoppe in the U.S. from the EU, UK or Switzerland, and (iii) recorded in any form.
“Privacy Shield Principles” means the Principles and Supplemental Principles of the EU-U.S. and Swiss-U.S. Privacy Shield frameworks.
“Processor” means any natural or legal person, public authority, agency or other body that processes Personal Data on behalf of a Controller.
“Sensitive Data” means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership (including trade union-related views or activities), sex life (including personal sexuality), information on social security measures, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings (including administrative proceedings and criminal sanctions).
“UK” means the United Kingdom.
“Worker” means any current, former or prospective employee, intern or temporary worker of Vitamin Shoppe, or any related individual whose Personal Data Vitamin Shoppe processes in connection with an employment relationship, who is located in the EU, UK or Switzerland.
Types of Personal Data Vitamin Shoppe Collects
- contact information (such as name, postal address, telephone number and email address);
- payment information (such as such billing address and payment card details, including card number, expiration date and security code);
- account information, such as online password and other log-in details used to access Vitamin Shoppe products and services;
- location data (such as data derived from Consumers’ IP address, country and/or ZIP code), and, with the Consumer’s consent, the precise geolocation of the Consumer’s mobile device;
- social media handles, content and other data posted on our official social media pages;
- information we obtain from third-party social media services (e.g., Facebook) or payment services (e.g., PayPal) if a Consumer chooses to link to, create or log into the Consumer’s Vitamin Shoppe account through these services;
- data collected automatically through Vitamin Shoppe’s website (such as IP address, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on Vitamin Shoppe’s website and dates and times of activity);
- contact information Consumers provide about friends or other people Consumers would like us to contact; and
- other personal information found in content that Consumers provide, such as through our “Contact Us” feature, questionnaires or customer support tools available on Vitamin Shoppe’s website, mobile sites and mobile apps and services (collectively, the “Online Services”).
Vitamin Shoppe may use the Consumer Personal Data it collects to:
- process and fulfill orders and purchases and keep Consumers informed about the status of their orders;
- establish and manage Consumers’ accounts;
- identify and authenticate Consumers so they may order our products and access and use the Online Services;
- provide customer and technical support and respond to inquiries;
- communicate with Consumers regarding news updates, notices, special promotional offers, advertisements and marketing materials, Vitamin Shoppe products and services, or other information that may be of interest;
- communicate about, and administer participation in, special events, programs, promotions, offers, surveys, focus groups and market research;
- notify Consumers about product safety and recall information, such as reporting an adverse event or communicating a product recall;
- increase and maintain the safety and security of Vitamin Shoppe products and the Online Services and prevent misuse;
- operate, administer, evaluate, develop, manage and improve our business and the Online Services (including operating, administering, analyzing and improving our products, services and Online Services; developing new products and services; performing analytics (including market research, trend analysis, financial analysis, and anonymization and aggregation of personal information); managing and evaluating the effectiveness of our communications; and performing accounting, auditing, billing reconciliation and collection activities and other internal functions);
- protect against, identify and prevent fraud and other criminal activity, claims and other liabilities; and
- comply with and enforce applicable legal requirements and relevant Vitamin Shoppe and industry standards and policies.
Vitamin Shoppe also may obtain and use Consumer Personal Data in other ways for which Vitamin Shoppe provides specific notice at the time of collection.
Vitamin Shoppe’s privacy practices regarding the processing of Consumer Personal Data comply with the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability.
Relevant information also may be found in notices pertaining to specific data processing activities.
Vitamin Shoppe generally offers Consumers the opportunity to choose whether their Personal Data may be (i) disclosed to third-party Controllers or (ii) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant Consumer. To the extent required by the Privacy Shield Principles, Vitamin Shoppe obtains opt-in consent for certain uses and disclosures of Sensitive Data. Consumers may contact Vitamin Shoppe as indicated below regarding the company’s use or disclosure of their Personal Data. Unless Vitamin Shoppe offers Consumers an appropriate choice, the company uses Personal Data only for purposes that are materially the same as those indicated in this Policy.
Vitamin Shoppe shares Consumer Personal Data among Vitamin Shoppe-related entities. Vitamin Shoppe may disclose Consumer Personal Data without offering an opportunity to opt out, and may be required to disclose the Personal Data, (i) to third-party Processors the company has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements. Vitamin Shoppe also reserves the right to transfer Personal Data in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation).
Accountability for Onward Transfer of Personal Data
Except as permitted or required by applicable law, Vitamin Shoppe provides Consumers with an opportunity to opt out of sharing their Personal Data with third-party Controllers. Vitamin Shoppe requires third-party Controllers to whom it discloses Consumer Personal Data to contractually agree to (i) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant Consumer, (ii) provide the same level of protection for Personal Data as is required by the Privacy Shield Principles, and (iii) notify Vitamin Shoppe and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party Controller determines that it cannot meet its obligation to provide the same level of protection for Personal Data as is required by the Privacy Shield Principles.
With respect to transfers of Consumer Personal Data to third-party Processors, Vitamin Shoppe (i) enters into a contract with each relevant Processor, (ii) transfers Personal Data to each such Processor only for limited and specified purposes, (iii) ascertains that the Processor is obligated to provide the Personal Data with at least the same level of privacy protection as is required by the Privacy Shield Principles, (iv) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Personal Data in a manner consistent with Vitamin Shoppe’s obligations under the Privacy Shield Principles, (v) requires the Processor to notify Vitamin Shoppe if the Processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, (vi) upon notice, including under (v) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the Processor, and (vii) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce, upon request. Vitamin Shoppe remains liable under the Privacy Shield Principles if the company’s third-party Processor onward transfer recipients process relevant Personal Data in a manner inconsistent with the Privacy Shield Principles, unless Vitamin Shoppe proves that it is not responsible for the event giving rise to the damage.
Vitamin Shoppe takes reasonable and appropriate measures to protect Consumer Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Data.
Data Integrity and Purpose Limitation
Vitamin Shoppe limits the Consumer Personal Data it processes to that which is relevant for the purposes of the particular processing. Vitamin Shoppe does not process Consumer Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Consumer. In addition, to the extent necessary for these purposes, Vitamin Shoppe takes reasonable steps to ensure that the Personal Data the company processes is (i) reliable for its intended use, and (ii) accurate, complete and current. In this regard, Vitamin Shoppe relies on its Consumers to update and correct the relevant Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized. Consumers may contact Vitamin Shoppe as indicated below to request that Vitamin Shoppe update or correct relevant Personal Data.
Subject to applicable law, Vitamin Shoppe retains Consumer Personal Data in a form that identifies or renders identifiable the relevant Consumer only for as long as it serves a purpose that is compatible with the purposes for which the Personal Data was collected or subsequently authorized by the Consumer.
Consumers generally have the right to access their Personal Data. Accordingly, where appropriate, Vitamin Shoppe provides Consumers with reasonable access to the Personal Data Vitamin Shoppe maintains about them. Vitamin Shoppe also provides a reasonable opportunity for those Consumers to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate. Vitamin Shoppe may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Consumer’s privacy in the case in question, or where the rights of persons other than the Consumer would be violated. Consumers may request access to their Personal Data by contacting Vitamin Shoppe as indicated below.
Recourse, Enforcement and Liability
Vitamin Shoppe has mechanisms in place designed to help assure compliance with the Privacy Shield Principles. Vitamin Shoppe conducts an annual self-assessment of its Consumer Personal Data practices to verify that the attestations and assertions Vitamin Shoppe makes about its Privacy Shield privacy practices are true and that Vitamin Shoppe’s privacy practices have been implemented as represented and in accordance with the Privacy Shield Principles.
Consumers may file a complaint concerning Vitamin Shoppe’s processing of their Personal Data. Vitamin Shoppe will take steps to remedy issues arising out of its alleged failure to comply with the Privacy Shield Principles. Consumers may contact Vitamin Shoppe as specified below about complaints regarding Vitamin Shoppe’s Consumer Personal Data practices.
If a Consumer’s complaint cannot be resolved through Vitamin Shoppe’s internal processes, Vitamin Shoppe will cooperate with JAMS pursuant to the JAMS Privacy Shield Program, which is described on the JAMS website at https://www.jamsadr.com/eu-us-privacy-shield. JAMS mediation may be commenced as provided for in the JAMS rules. Following the dispute resolution process, the DPAs, ICO or Swiss Federal Data Protection and Information Commissioner, as appropriate, may refer the matter to the U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement powers over Vitamin Shoppe. Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about Vitamin Shoppe’s compliance with the Privacy Shield Principles.
How to Contact Vitamin Shoppe
To contact Vitamin Shoppe with questions or concerns about this Policy or Vitamin Shoppe’s Consumer Personal Data practices:
Write to:Vitamin Shoppe
300 Harmon Meadow Blvd.
Secaucus, NJ 07094
email@example.com (include “PRIVACY SHIELD” in the subject line)