Effective Date: July 28, 2020

Thanks for visiting our website www.vivirusa.us  (the “Site.”)

By accessing the Site You consent to the data collection, use, disclosure and storage practices described in this privacy and data policy.

The expressions “We,” “Our” or “Us”, and similar expressions, are referred to GRAFIKA, LLC, a Florida Limited Liability Company (“Grafika.”) The expressions “You,” “Your,” and “Yours,” and similar expressions, are referred to the individual accessing the Site, and/or the legal entity obtaining information and/or conducting transactions through the Site. Access to the Site and use of the services and information provided by the Site is restricted to persons of legal age.

This Privacy and Data Policy notifies You about the information We may collect from You, how We collect it, and what We do with it. If You do not agree to this Policy, then You have no right to access and/or use the Site and/or the services offered within the Site.

The “General Terms and Conditions” of the Site may be found, as they are clearly made available, at the Home Page of the Site. The same are incorporated into this Policy.  You must read, understand and agree to those General Terms and Conditions.

We often seek to collect from You various forms of personally identifiable information. Examples of the types of personally identifiable information that may be collected at the Site include: Your name, Your address, Your electronic mail address, Your telephone number, Your fax number and Your credit card information as well as any other personal information required and entered by You.

We collect personal information from You when You provide it to Us.  For example, if You create a user account, and/or conduct a transaction by virtue of the Site, We will have Your user name You created to have access to the Site, as well as the password You created for such access.  You are responsible for safeguarding Your password. You agree not to disclose Your password to any third party and to take sole responsibility for any activities or actions under Your account, whether or not You have authorized such activities or actions. You will immediately notify Grafika of any unauthorized use of Your account. WE STRONGLY SUGGEST YOU TO CHOOSE A PASSWORD APPLICABLE ONLY TO YOUR USER ACCOUNT IN CONNECTION TO THE SITE, AND WE STRONGLY DISCOURAGE THE USE OF A PASSWORD (OR A VARIATION), YOU MAY BE USING FOR OTHER WEBSITES, ELECTRONIC MAILS, AND/OR OTHER PURPOSES. While We attempt to use current technology to avoid any undue access and dissemination of the data, We have from You, We cannot guarantee that Your information will not be subject to undue disclosure. Malicious access by the part of third persons intruding into Our Site and or data (Hackers’ attacks) are not always preventable, and You assume all risks associated with creating a User Account, accessing the Site, using the services provided by the Site, providing information to Us via the Site, and the collection of other data by the Site by virtue of Your access to the Site.

We may collect other information about You in addition to that which is provided by You.  Thus, We may collect and share various types of information that are anonymous, de-identified or otherwise not intended to personally identify You (“Non-Personally Identifiable Information”) when You visit the Site. Non-Personally Identifiable Information may include information and data from or about the computer, mobile phone, or other devices You use to access the Site, such as network and communication information, such as Your IP address or mobile phone number, and other information such as Your internet service provider, operating system, Your location, the type (including identifiers) of the device or browser You use, or the URL of Web sites You visited.   Your IP address may be used to gather broad demographic information and to recognize customer traffic patterns and site usage.  This information aids Us in merchandising and in developing the design and layout of the Site.  We may use and share this Non-Personally Identifiable Information with third parties for marketing and analysis purposes.

We may get Your location information. We may receive data whenever You are accessing the Site.  We receive data about You and Your Computer and/or mobile device, whenever You have access to the Site. If the Site allows User Content (as defined in the General Terms and Conditions of the Site) We may collect information whenever You post User Content. We may receive additional related data (or metadata), relevant to the User Content. 

We use «cookies» or similar technologies. Cookies are text files placed in Your computer’s browser to store Your preferences. Our cookies do not store any of Your personal information. Whether You want Your Web browser to accept cookies or not is up to You.  If You have not changed Your computer’s settings, Your browser most likely already accepts cookies. We use cookies to understand the Site’s and Internet’s usage and to improve or customize the content, offerings or advertisements of the Site, or any other website.  For example, We may use cookies to personalize Your experience at the Site (e.g., to recognize You by name when You return to the Site), save Your password in password-protected areas, and enable You to use shopping carts on the Site.  We also may use cookies to help Us offer You products, programs, or services that may be of interest to You and to deliver relevant advertising.  We, third party service providers, advertisers, advertising networks and platforms, also may use cookies to manage and measure the performance of advertisements displayed on or delivered by or through the Site. This also helps Us, third party service providers, and advertisers to provide more relevant advertising.

We, as well as third party service providers, advertisers, advertising networks and platforms, may also use «web beacons» or clear “.gifs” or similar technologies, which are small pieces of codes placed on a website or in an electronic mail (e-mail), to monitor the behavior and collect data about the visitors viewing a website or electronic mail.

We may store Your information for as long as it is necessary, and We may store it in Our own servers, or third party’s servers, whether located within the U.S. or elsewhere.

We may use Your personal information for Our own internal purposes, such as providing customer support or providing, maintaining, evaluating, and improving the Services and the Site.

We may also use Your information for marketing purposes and share it with advertisers, marketers, third party service providers and others in order to assist them in reaching customers with information that is relevant to them.

You may, from time to time, receive information from Us, and/or affiliated companies, about new features, new services, and special offers We deem You might find valuable. If You are no longer interested in receiving electronic mail announcements and other marketing information from Us, You may opt-out on receiving them.  Even after receiving such communication from You, You may still receive customer service-related communications from Us.

We may disclose Your information to any successor-in-interest of Ours, such as a company that acquires Us. In the event We go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of Our assets, Your information will likely be among the assets transferred.  We may need to disclose information when required by law and when We have a good-faith belief that such action is necessary to comply with a judicial proceeding, a court order or legal process.

We follow generally accepted industry standards to protect the personal information submitted to Us from unauthorized access or disclosure, both during transmission and once We receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while We strive to use commercially acceptable means to protect Your personal information, We cannot guarantee its security.  We assume no liability for any disclosure of data due to errors in transmission, unauthorized third-party access, or other acts of third parties, or acts or omissions beyond Our reasonable control.

The Site is intended for users ages 18 and older. We will not knowingly collect or use any personal information from persons We know to be under the age of 18. In addition, We will delete any information in Our database that We know originates from a person under the age of 18.

Grafika reserves the right to modify this Policy at any time and without prior notice. You are charged to verify this Policy at the moment of visiting the Site and/or providing information to Us.  If You are a registered user within the Site We may, but are not obligated, to provide You with a notification as to such modification. Grafika will update the “Effective Date” information upon a modification of this Policy. If the modified Policy is not acceptable to You, You should cease accessing the Site, cancel any user account, and cease using the services provided by the Site. However, information about You collected prior to You canceling Your Account and/or accessing the Site will be still subject to this Policy.

You agree to receive calls, including autodialed and/or pre-recorded message calls, as well as SMS or other text messages from Grafika and its service providers, at any of the telephone numbers (including mobile telephone numbers) that We have collected for You.   We may call You: (i) to contact You for reasons relating to your account or Your use of the Services or as authorized by applicable law; (ii) for marketing, promotional, or other reasons that You have either previously consented to or that You may be asked to consent to in the future. Telephone and text charges may apply if we contact You at a mobile number or device.  We will not share your telephone number with non-affiliated third parties without Your explicit consent, but We may share your telephone numbers with Grafika affiliates, for their use.

California Residents: 

In accordance with the California Online Privacy Protection Act, we may collect Personal Information about your online activities when you use our services.  While we give our users ways to opt out of providing personal information, Our website may not respond to Web browsers’ “do not track” signals.  California’s “Shine the Light” law, Civil Code Section 1798.83, permits our users who are California residents to periodically request and obtain certain information about any personal information disclosed to third parties for direct marketing purposes.  If you are a California resident and wish to make such a request or if you wish for us to refrain from gathering your personal information, please submit your request in writing (along with Your full name, electronic mail address, postal address, and the subject line labeled «Your California Privacy Rights») by electronic mail at [email protected].

European Union (EU) Residents:

The EU General Data Protection Regulation provides certain rights for EU residents. You may decline to share certain information with us, in which case we may not be able to provide some of the features and functionality of our services and webpage. These rights include, in accordance with applicable law, the right to object to or request the restriction of processing of your information, and to request access to, rectification, erasure and portability of your own information. Where we process your information on the basis of your consent, you have the right to withdraw that consent (noting that such withdrawal does not affect the lawfulness of any processing performed prior to the date on which we receive notice of such withdrawal, and does not prevent the processing of your personal information in reliance upon any other available legal bases).  If you are an EU resident and have any unresolved privacy concern, you have the right to contact the appropriate EU Supervisory Authority and lodge a complaint.

Governing Law and Dispute Resolution

This Privacy and Data Policy and any action related thereto will be governed by the laws of the State of Florida, without regard to its conflict of law provisions. Any claim or dispute that may arise between You and Us relating in any way to or arising out of this Privacy and Data Policy or Your use of or access to the Site and/or Services will be resolved in accordance with the provisions set forth in the Dispute Resolution Section contained in the General Terms & Conditions. Therefore, any claim or dispute shall be settled through arbitration. Any arbitration will proceed on an individual basis and not as part of a class proceeding. In the event that the agreement to arbitrate is found not to apply, the state or federal courts located in the Miami-Dade County of Florida shall have exclusive jurisdiction. You and Grafikawaive the right to a trial by jury and agree that any litigation will proceed on an individual basis and will not proceed as part of a class action.