Privacy Policy

PRIVACY POLICY
Last Updated: 4/29/2022

Your privacy is very important to us. This Privacy Policy describes how O POSITIV, Inc. (“O Positiv,” “we”, “us” or “our”) collects, uses, communicates, discloses, and otherwise manages the personal information you provide to us by engaging our services on our websites, social media, email exchanges, mobile apps, and other online services on which this Policy is posted (collectively the “Service”).

This Policy is written in the English language. We do not guarantee the accuracy of any translated versions of this Policy. To the extent that any translated versions of this Policy conflict with the English language version, the English language version of this Policy shall control.

Collection of Personal Information

Information you provide to us
O Positiv will collect personal information from you directly when you interact with our Service, contact us, use our services, create an account, subscribe, share product reviews, sign up to receive offers, emails, or text messages from us, complete surveys, participate in our referral or affiliate programs, enter sweepstakes, or purchase our products.

Information we obtain indirectly
We may receive personal information about you from our third-party affiliates or partners and from marketing companies that provide us with such information as a part of their relationship with us. We may also obtain your name and email address from friends and family as part of our referral program.

We may combine this with data that we already have collected about you. Such collected data could include contact details (such as email address) and previous purchase history or interests.

Information collected automatically
When you use our Service we collect certain information about you automatically through our use of cookies and similar technologies.

Categories of Personal Information and Purpose for Collection

We collect personal information from you to provide an efficient, meaningful and customized experience for you on the Service.

We may collect the following personal information from you:

• Contact Information such as name, email address, mailing address and phone number;
• Billing Information such as credit card number and billing address;
• Authentication Information such as user name, account number and password that you use to register an account on the Service;
• Preferences Information such as product wish lists, order history, marketing preferences, and reminder and notification preferences;
• Personal Characteristics including age, date of birth, gender, marital status, nationality, and weight through surveys and other means;
• Online behavior information including online activity, preferences, and time spent viewing features; and
• IP address or mobile network information.

We use third party processors to collect payment information, such as a valid credit card number, type, expiration date or other financial information, to process payments for customer transactions. This information is required to be submitted as part of our checkout process. The use and storage of that information is governed by Shopify’s Terms of Service and Privacy Statement and Recharge’s Terms of Service and Privacy Statement.

O Positiv may also collect certain information about your health or medical condition or diagnosis when you provide such information to us directly in communications with us, through your review of our products, or in response to surveys. We seek to limit any health or medical information that we collect and only collect and use such information for our internal purposes in tracking the reported efficacy and use of our products or when publishing your reviews.

We do not collect or process your health or personal information with the purpose of inferring characteristics about you.

The sensitive personal information we collect is limited to information about your health or medical condition or diagnosis that you provide to us directly. Beyond this, O Positiv does not collect sensitive personal information such as your social security, driver’s license, state identification card, or passport number; your account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; your precise geolocation; your racial or ethnic origin, religious or philosophical beliefs or associations, political opinions or membership, or union membership; the contents of your mail, email and text messages, unless we are the intended recipient of the communication; your genetic or biometric data; your mental or physical health or medical condition or diagnosis; your sex life or sexual orientation or practices; your criminal background; your citizenship or citizenship status; or any personal information about a known child. We ask that you not send nor disclose, any sensitive personal information to us.

O Positiv only collects and processes the minimum amount of personal information from you that is necessary to the purposes of our information processing activities and retains such information only if required to fulfill such purposes including to:

• Conduct our business
• Fulfill your order
• Send you an order confirmation
• Process payment
• Ship orders
• Recommend products you may be interested in purchasing
• Send you requested product or service information
• Send you reminders about the recommended schedule for the product you have ordered or to order more if you’re running low
• Send you recommendations for improving your experience
• Send product updates or warranty information
• Update your order or profile in response to your questions or concerns
• Respond to customer service requests and communications
• Administer your account, including login verification
• Send you a newsletter
• Send you marketing communications, including through our referral program
• Respond to your questions and concerns
• Improve and maintain our Service and marketing efforts
• Conduct market research and analysis
• Display content based upon your interests
• Provide relevant social media advertising, including limiting such advertising
• Quality management
• Legal compliance

In some circumstances we may collect aggregated data or anonymize your personal information (so that it can no longer be associated with you and you can no longer be identified by it) for research or statistical purpose. Aggregated or anonymized information is not considered personal information under this Policy.

Disclosure of Personal Information

We will share or disclose your personal information with third parties only in the limited ways that are described in this privacy policy. We do not trade, rent, or sell your personal information to third parties or share your personal information with third parties for cross-context behavioral advertising. We do not authorize the collection of our members' or visitors' personally identifiable information by any third parties for the third parties' use.

We may provide your personal information to companies that provide services to help us with our business activities such as the technical operation of our Service, processing your order, shipping your order, or providing customer service, analytics or financial services. These companies are authorized to use your personal information only as necessary to provide these services to us.

We may also disclose your personal information:

• As required or permitted by law such as to comply with a subpoena or similar legal process or to verify or enforce our agreements, terms of service, or other applicable policies;
• When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud or respond to a government request; or
• To any other third party with your prior consent to do so. You may be asked to opt-in to receive informational or marketing offers, or to otherwise consent to the sharing of your information with a third party, including social networking sites such as Facebook, Instagram, or Twitter. If you agree to have your personal information shared with a third party, your personal information will be disclosed to the third party and will be subject to the privacy policy and business practices of that third party.

We may share non-personal information (such as the number of daily visitors to a particular web page or the size of an order placed on a certain date) with third parties such as advertising partners. This information does not directly personally identify you or any user.

SMS/MMS Mobile Messaging Marketing Program

If you opt-in to O Positiv’s Mobile Messaging Program, as defined in our Terms of Service, we will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors third-party service providers, such as Voyage. who assist us in the delivery of mobile messages. When you sign up to receive text messages, we will send you information about promotional offers and more. These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages. To the extent you voluntarily opt to have SMS/MMS notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number and when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages. For more information about text messages, see our Terms.

WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. However, as with all information collected by O Positiv, we reserve the right at all times, to the extent permitted by law, to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in O Positiv’s sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, we may refuse you access to the Program and pursue any appropriate legal remedies.

California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes. To make such a request, please contact us at hello@opositiv.com.

Third Party Websites

Our Service may contain links to third party owned or operated websites including, without limitation, social media websites (each a “Linked Site”), as a convenient method of accessing information that may be useful or of interest to you. When you click on a Linked Site, you will leave our Service and go to another site, and another entity may collect personal data or anonymous data from you. We have no control over, do not review, and cannot be responsible for, Linked Sites or their content. Please be aware that the terms of this Privacy Policy do not apply to Linked Sites or content, or to any collection of your personal information by third parties through the Linked Sites. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.

We are not responsible for the content, accuracy, or opinions expressed on any Linked Site or for the privacy practices or security standards used by third parties on such Linked Sites. You understand and agree that by clicking on a link to a Linked Site, you have left our Service and this Policy is no longer in effect.

User Content

Some features of the Service may now or in the future allow you to provide content, such as written comments or reviews, or interactive responses to content such as quizzes or surveys, to be published or displayed on public areas of the Service (“User Content”). Be careful about giving out information in public areas of the Service. The information you share in public areas may be viewed by any user of the Service. We cannot control the actions of other users of the Service with whom you may choose to share your User Content.

Opting-Out of Emails

When you register, subscribe, create an account, sign up to receive offers or emails from us, or otherwise communicate with us through our Service, you may “opt out” of receiving future communications from us for direct marketing purposes by indicating that you decline such communications. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or contacting us at hello@opositiv.com.

Do Not Track Signals, Cookies, and Other Technologies

We may use cookies, web beacons, pixel tags, mobile analytics software, log files, or other technologies to collect certain information about your online activity and interactions with our emails, online and mobile advertisements, and to allow us to keep track of analytics and certain statistical information that enables O Positiv to improve our services and provide you with more relevant content and advertising offered by O Positiv, or through or linked from our services. You may, however, disallow receiving cookies at any time through your web browser. It is not our intention to use cookies to retrieve information that is unrelated to our Service or your interaction with our Service.

At this time, we do not respond to browser “do not track” or “DNT” signals.

Children’s Privacy

The Service is not targeted for use by children. O Positiv will never knowingly request or collect personal information from any child. If you are under eighteen years old, please do not provide your information on our Service. Upon notification that a child has provided us with personally identifiable information, we will delete the child’s personally identifiable information from our records. If you believe we might have any information from a child, please contact us.

Special Notice to California Residents

If you would like to submit a Consumer Request, you can contact O Positiv at hello@opositiv.com. If you choose to submit a Consumer Request, you must provide us with enough information to identify you and enough specificity on the requested data. O Positiv will only use the information it receives to respond to your request. O Positiv will not be able to disclose information if it cannot verify that the person making the Consumer Request is the person about whom we collected information, or someone authorized to act on such person’s behalf.

“Personal information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. “Personal information” does not include publicly available information.

1. Request to Correct. You may correct or update your personal information at any time by logging into your account or by contacting us.

2. Request to Access. You may submit a Consumer Request to obtain a copy of or access to the personal information that O Positiv has collected on you.

3. Request to Know. You may submit a Consumer Request to receive information about O Positiv’s data collection practices.

• Right to Know what Personal Information is being Collected. You may request information on the categories of personal information O Positiv has collected about you; the categories of sources from which the personal information is collected; O Positiv’s business or commercial purpose for collecting, selling, or sharing personal information; the categories of third parties to whom O Positiv discloses personal information, if any; and the specific pieces of personal information it has collected about you.

• Right to Know what Personal Information is Sold or Shared and to Whom. You may also request the categories of personal information that O Positiv has collected about you; the categories of personal information that O Positiv sold or shared about you and the categories of third parties to whom the personal information was sold or shared, by category or categories of personal information for each category of third parties to whom the personal information was sold or shared, and the categories of personal information that O Positiv disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose.

Please note that the categories of personal information, sources, and disclosure will not exceed what is contained in this Policy. Additionally, O Positiv is not required to retain any information about you if it is only used for a one-time transaction and would not be maintained in the ordinary course of business. O Positiv is also not required to reidentify personal information if it is not stored in that manner already, nor is it required to provide the personal information to you more than twice in a twelve-month period.

4. Request to Limit the Use of Your Sensitive Personal Information. We only collect, use, or disclose sensitive personal information for the purposes provided in this Policy. However, you may request that we limit the use of your sensitive personal information by contacting us.

5. Request to Delete. You may request that O Positiv delete personal information it has collected from you. Subject to certain exceptions set out below we will, on receipt of a verifiable Consumer Request, delete your personal information from our records, direct any service providers to do the same, and notify all third parties to whom O Positiv has shared your personal information to delete it unless this proves impossible or involves disproportionate effort.

Please note that we may not delete your personal information if it is necessary to:

• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by the consumer, or reasonably anticipated by the consumer within the context of a business’ ongoing business relationship with the consumer, or otherwise perform a contract between the business and the consumer.
• Help to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for those purposes.
• Debug to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise that consumer’s right of free speech, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
• Engage in public or peer-reviewed scientific, historical, or statistical research that conforms or adheres to all other applicable ethics and privacy laws, when the business’ deletion of the information is likely to render impossible or seriously impair the ability to complete such research, if the consumer has provided informed consent.
• To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the business and compatible with the context in which the consumer provided the information.
• Comply with a legal obligation.

O Positiv may not, and will not, treat you differently because of your Consumer Request activity. As a result of your Consumer Request activity, we may not and will not deny goods or services to you; charge different rates for goods or services; provide a different level quality of goods or services; or suggest any of the preceding will occur. However, we can and may charge you a different rate, or provide a different level of quality, if the difference is reasonably related to the value provided by your personal information.
Special Notice to Colorado Residents
Personal information or “personal data” means “information that is linked or reasonably linkable to an identified or identifiable individual.” “Personal data” does not include de-identified or publicly available information.

• Request to Access. You may submit a request to confirm or to obtain a copy of or access to the personal data that we have collected on you including what the data is, how it’s been used, and who it’s been disclosed to. Your personal data may no longer be available because it has been destroyed, erased, or made anonymous in accordance with our data retention policies in which case we will provide you with the reasons why the personal data no longer exists where possible.
• Request to Correct. You may correct or update your personal data at any time by logging into your account or by contacting us.
• Request to Delete. You may request that we delete the personal data it has collected on you. We will delete your personal data from our records and direct any service providers to do the same unless retention is required by law.
• Request to Opt-Out. You may submit a request to opt out of the sale of your personal data as well as its processing for targeted advertising or consumer profiling. We do not sell, rent, or lease your personal data to third parties and do not process your personal data for targeted advertising or consumer profiling.
• Appeal. If we notify you that no action is to be taken in response to your request to access, correct, delete, or opt-out, you may appeal this decision by contacting us within 30 days with the reason why you believe further action should be taken. If you are not satisfied with the result of the appeal, you may contact the Colorado Attorney General.
• Withdraw Consent for Your Sensitive Personal Information. We only collect, use, or disclose sensitive personal information for the purposes provided in this Policy. You may withdraw your consent to any use or disclosure of your personal sensitive information at any time by contacting us.
If you like to make any of the above requests, you can contact us at info@muros.co. If you choose to submit a request, you must provide us with enough information to identify you in order to comply with your request. We will only use the information it receives to respond to your request. We will not be able to disclose information or comply with your request if it cannot verify that the person making the request is the person about whom we collected information, or someone authorized to act on such person’s behalf.
Special Notice to Nevada Residents

O Positiv does not sell, rent, or lease your personally identifiable information to third parties. However, if you are a resident of Nevada and would like to submit a request not to sell your personally identifiable information, you may do so by emailing us at hello@opositiv.com.
Special Notice to Virginia Residents
Personal information or “personal data” means “any information that is linked or reasonably linkable to an identified or identifiable natural person.” “Personal data” does not include de-identified data or publicly available information.

• Request to Access. You may submit a request to confirm or to obtain a copy of or access to the personal data that we have collected on you including what the data is, how it’s been used, and who it’s been disclosed to. Your personal data may no longer be available because it has been destroyed, erased, or made anonymous in accordance with our data retention policies in which case we will provide you with the reasons why the personal data no longer exists where possible.
• Request to Correct. You may correct or update your personal data at any time by logging into your account or by contacting us.
• Request to Delete. You may request that we delete the personal data provided by or obtained about you. We will delete your personal data from our records and direct any service providers to do the same unless retention is required by law.
• Request to Opt-Out. You may submit a request to opt out of the sale of your personal data as well as its processing for targeted advertising or consumer profiling. We do not sell, rent, or lease your personal data to third parties and do not process your personal data for targeted advertising or consumer profiling.
• Appeal. If we notify you that no action is to be taken in response to your request to access, correct, delete, or opt-out, you may appeal this decision by contacting us within 30 days with the reason why you believe further action should be taken. If you are not satisfied with the result of the appeal, you may contact the Virginia Attorney General or submit a complaint online at https://www.oag.state.va.us/consumer-protection/index.php/file-a-complaint.
• Withdraw Consent for Your Sensitive Personal Information. We only collect, use, or disclose sensitive personal information for the purposes provided in this Policy. You may withdraw your consent to any use or disclosure of your personal sensitive information at any time by contacting us.
If you like to make any of the above requests, you can contact us at info@muros.co. If you choose to submit a request, you must provide us with enough information to identify you in order to comply with your request. We will only use the information it receives to respond to your request. We will not be able to disclose information or comply with your request if it cannot verify that the person making the request is the person about whom we collected information, or if such person is a known child, that child’s parent or legal guardian.
Security

If you choose to provide us with your personal information, you understand that we are transferring it to O Positiv’s locations and systems in the United States or to the locations and systems of O Positiv’s service providers around the world. The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. O Positiv cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your personal information.

Our store is hosted on Shopify, Inc. Shopify provides us with the online platform that allows us to sell our products to you. Your data is stored through Shopify’s data storage, databases, and the general Shopify application. Shopify stores your data on a secure server behind a firewall.

When you complete a purchase on our Service, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more information about Shopify’s platform and data collection and use practices, you may want to read Shopify’s Terms of Service and Privacy Statement.

The security of your O Positiv account relies on your protection of your user profile information. You are responsible for maintaining the security of your user profile information, including your password and for all activities that occur under your account. You may not share your password with anyone. We will never ask you to send your password or other sensitive information to us in an email. Any email or other communication purporting to be from one of our websites requesting your password or asking you to provide sensitive account information via email, should be treated as unauthorized and suspicious and should be reported to us immediately by using the “Contact” feature of our website. If you believe someone else has obtained access to your password, please change it immediately by logging in to your account and report it immediately by using the “Contact” feature of our website or by contacting us via email.

Notification of Privacy Statement Changes

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes, we will notify you by email (sent to the email address specified in your account) or by means of a notice on the Service prior to the change becoming effective. Use of information we collect now is subject to the Policy in effect at the time such information is used. You are bound by any changes to our Policy when you use the Service after such changes have been first posted. We encourage you to periodically review this policy for the latest information on our privacy practices.

Consent to Processing and International Transfers

O Positiv may process, transfer, and store information about users of the Service on servers located in a number of countries, including the United States. As a result, your personal information may be subject to data protection and other laws that may differ from your country of residence. Your personal information may be disclosed in response to inquiries or requests from government authorities or to respond to judicial process in the countries in which we operate. By using the Service, or by providing us with any information, you consent to the collection, processing, maintenance, and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as, or equivalent to, those in the country where you reside or are a citizen.

Contact

You can contact us about this Privacy Policy by emailing us at hello@opositiv.com.