Last updated: March 25th, 2020
and procedures on the collection, use and disclosure of Your information when
You use the Service and tells You about Your privacy rights and how the law
We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use
The words of which the initial letter is
capitalized have meanings defined under the following conditions.
The following definitions shall have the
same meaning regardless of whether they appear in singular or in plural.
You means the individual accessing or
using the Service, or the company, or other legal entity on behalf of which
such individual is accessing or using the Service, as applicable.
Company (referred to as either “the
Company”, “We”, “Us” or “Our” in this
Agreement) refers to Photo Factory Limited, 507 Pollen Street Thames 3540.
Affiliate means an entity that controls,
is controlled by or is under common control with a party, where
“control” means ownership of 50% or more of the shares, equity
interest or other securities entitled to vote for election of directors or other
Account means a unique account created
for You to access our Service or parts of our Service.
Website refers to Vitalise,
accessible from www.vitalise.kiwi
Service refers to the Website.
Country refers to: New Zealand
Service Provider means any natural or
legal person who processes the data on behalf of the Company. It refers to
third-party companies or individuals employed by the Company to facilitate the
Service, to provide the Service on behalf of the Company, to perform services
related to the Service or to assist the Company in analyzing how the Service is
Third-party Social Media Service refers
to any website or any social network website through which a User can log in or
create an account to use the Service.
Personal Data is any information that
relates to an identified or identifiable individual.
Cookies are small files that are placed
on Your computer, mobile device or any other device by a website, containing
the details of Your browsing history on that website among its many uses.
Usage Data refers to data collected
automatically, either generated by the use of the Service or from the Service
infrastructure itself (for example, the duration of a page visit).
While using Our Service, We may ask You to
provide Us with certain personally identifiable information that can be used to
contact or identify You. Personally identifiable information may include, but
is not limited to:
First name and last name
Usage Data is collected automatically when
using the Service.
Usage Data may include information such as
Your Device’s Internet Protocol address (e.g. IP address), browser type,
browser version, the pages of our Service that You visit, the time and date of
Your visit, the time spent on those pages, unique device identifiers and other
When You access the Service by or through a
mobile device, We may collect certain information automatically, including, but
not limited to, the type of mobile device You use, Your mobile device unique
ID, the IP address of Your mobile device, Your mobile operating system, the
type of mobile Internet browser You use, unique device identifiers and other
We may also collect information that Your
browser sends whenever You visit our Service or when You access the Service by
or through a mobile device.
technologies to track the activity on Our Service and store certain
information. Tracking technologies used are beacons, tags, and scripts to
collect and track information and to improve and analyze Our Service.
You can instruct Your browser to refuse all
Cookies or to indicate when a Cookie is being sent. However, if You do not
accept Cookies, You may not be able to use some parts of our Service.
Cookies can be “Persistent” or
“Session” Cookies. Persistent Cookies remain on your personal
computer or mobile device when You go offline, while Session Cookies are
deleted as soon as You close your web browser.
We use both session and persistent Cookies
for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are
essential to provide You with services available through the Website and to
enable You to use some of its features. They help to authenticate users and
prevent fraudulent use of user accounts. Without these Cookies, the services
that You have asked for cannot be provided, and We only use these Cookies to
provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow
us to remember choices You make when You use the Website, such as remembering
your login details or language preference. The purpose of these Cookies is to
provide You with a more personal experience and to avoid You having to re-enter
your preferences every time You use the Website.
For more information about the cookies we
use and your choices regarding cookies, please visit our Cookies Policy.
The Company may use Personal Data for the
To provide and maintain our Service,
including to monitor the usage of our Service.
To manage Your Account: to manage Your
registration as a user of the Service. The Personal Data You provide can give
You access to different functionalities of the Service that are available to
You as a registered user.
For the performance of a contract: the
development, compliance and undertaking of the purchase contract for the
products, items or services You have purchased or of any other contract with Us
through the Service.
To contact You: To contact You by email,
telephone calls, SMS, or other equivalent forms of electronic communication,
such as a mobile application’s push notifications regarding updates or
informative communications related to the functionalities, products or
contracted services, including the security updates, when necessary or
reasonable for their implementation.
To provide You with news, special offers
and general information about other goods, services and events which we offer
that are similar to those that you have already purchased or enquired about
unless You have opted not to receive such information.
To manage Your requests: To attend and
manage Your requests to Us.
We may share your personal information in
the following situations:
With Service Providers: We may share
Your personal information with Service Providers to monitor and analyze the use
of our Service, to show advertisements to You to help support and maintain Our
Service, to contact You, to advertise on third party websites to You after You
visited our Service or for payment processing.
For Business transfers: We may share or
transfer Your personal information in connection with, or during negotiations
of, any merger, sale of Company assets, financing, or acquisition of all or a
portion of our business to another company.
With Affiliates: We may share Your
information with Our affiliates, in which case we will require those affiliates
other subsidiaries, joint venture partners or other companies that We control
or that are under common control with Us.
With Business partners: We may share
Your information with Our business partners to offer You certain products,
services or promotions.
With other users: when You share
personal information or otherwise interact in the public areas with other
users, such information may be viewed by all users and may be publicly
distributed outside. If You interact with other users or register through a
Third-Party Social Media Service, Your contacts on the Third-Party Social Media
Service may see You name, profile, pictures and description of Your activity.
Similarly, other users will be able to view descriptions of Your activity,
communicate with You and view Your profile.
The Company will retain Your Personal Data
only for as long as is necessary for the purposes set out in this Privacy
Policy. We will retain and use Your Personal Data to the extent necessary to
comply with our legal obligations (for example, if we are required to retain
your data to comply with applicable laws), resolve disputes, and enforce our
legal agreements and policies.
The Company will also retain Usage Data for
internal analysis purposes. Usage Data is generally retained for a shorter
period of time, except when this data is used to strengthen the security or to
improve the functionality of Our Service, or We are legally obligated to retain
this data for longer time periods.
Your information, including Personal Data,
is processed at the Company’s operating offices and in any other places where
the parties involved in the processing are located. It means that this
information may be transferred to — and maintained on — computers located
outside of Your state, province, country or other governmental jurisdiction
where the data protection laws may differ than those from Your jurisdiction.
followed by Your submission of such information represents Your agreement to
The Company will take all steps reasonably
necessary to ensure that Your data is treated securely and in accordance with
organization or a country unless there are adequate controls in place including
the security of Your data and other personal information.
If the Company is involved in a merger,
acquisition or asset sale, Your Personal Data may be transferred. We will
provide notice before Your Personal Data is transferred and becomes subject to
Under certain circumstances, the Company
may be required to disclose Your Personal Data if required to do so by law or
in response to valid requests by public authorities (e.g. a court or a
The Company may disclose Your Personal Data
in the good faith belief that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights
or property of the Company
Prevent or investigate possible
wrongdoing in connection with the Service
Protect the personal safety of
Users of the Service or the public
Protect against legal liability
The security of Your Personal Data is
important to Us, but remember that no method of transmission over the Internet,
or method of electronic storage is 100% secure. While We strive to use
commercially acceptable means to protect Your Personal Data, We cannot
guarantee its absolute security.
Service Providers have access to Your
Personal Data only to perform their tasks on Our behalf and are obligated not
to disclose or use it for any other purpose.
We may use Your Personal Data to contact
You with newsletters, marketing or promotional materials and other information
that may be of interest to You. You may opt-out of receiving any, or all, of
these communications from Us by following the unsubscribe link or instructions
provided in any email We send or by contacting Us.
We may use Email Marketing Service
Providers to manage and send emails to You.
Mailchimp is an email
marketing sending service provided by The Rocket Science Group LLC.
For more information on the
Our Service does not address anyone under
the age of 13. We do not knowingly collect personally identifiable information
from anyone under the age of 13. If You are a parent or guardian and You are
aware that Your child has provided Us with Personal Data, please contact Us. If
We become aware that We have collected Personal Data from anyone under the age
of 13 without verification of parental consent, We take steps to remove that
information from Our servers.
We also may limit how We collect, use, and
store some of the information of Users between 13 and 18 years old. In some
cases, this means We will be unable to provide certain functionality of the
Service to these users.
If We need to rely on consent as a legal
basis for processing Your information and Your country requires consent from a
parent, We may require Your parent’s consent before We collect and use that
Our Service may contain links to other
websites that are not operated by Us. If You click on a third party link, You
will be directed to that third party’s site. We strongly advise You to review
We have no control over and assume no
responsibility for the content, privacy policies or practices of any third
party sites or services.
We will let You know via email and/or a
prominent notice on Our Service, prior to the change becoming effective and
You are advised to review this Privacy
effective when they are posted on this page.
If you have any questions about this
By email: [email protected]
Photo Factory Limited
507 Pollen Street