Privacy Policy

Privacy Policy

VYBE Privacy Statement

Last Updated: November 11, 2022

Your privacy is as important to us as it is to you! We treat the information you provide us (such as your name or email – aka "Personal Information" as further defined below) with the highest level of integrity and responsibility. This statement describes what we collect, what we do with it and how you can manage it, plus some information about how the site operates and the security safeguards we have in place.

The policies below are applicable to data and information collected through VYBE websites (including any versions optimized for viewing on a wireless or tablet device) (“VYBE Websites”), all apps published by VYBE (“VYBE Apps”), all email newsletters published or distributed by VYBE, all other interactive features and communications provided by VYBE, and to any and all data and information provided by you to VYBE at VYBE stores, call centers, events, or promotions, and all data and information provided by you or collected through your membership in the VYBE Loyalty Program (“VYBE Outlets”), however accessed and/or used, that are operated by us, made available by us, or produced and maintained by VYBE Holdings, LLC (collectively “VYBE” or “we”, “us”, or “our”). THESE POLICIES DO NOT APPLY TO FRANCHISEES OF VYBE. OUR FRANCHISEES OPERATE THEIR OWN STORES AND WEBSITES AND MAY ENGAGE IN OTHER DATA COLLECTION AND USE PRACTICES OR MAY PARTNER WITH OTHER THIRD PARTIES WHO MAY TREAT YOUR DATA DIFFERENTLY OR USE OTHER TRACKING METHODS AND TECHNOLOGIES. WE DO NOT CONTROL THESE WEBSITES OR THE BUSINESS PRACTICES OF THESE FRANCHISEES. IF YOU HAVE A QUESTION ABOUT THE PRIVACY PRACTICES OF A VYBE FRANCHISEE, YOU SHOULD CONTACT THAT FRANCHISEE DIRECTLY.

By using our VYBE Outlets, you are accepting the practices described in this Privacy Statement. If you do not agree to the terms of this Privacy Statement, please do not use the VYBE Outlets and/or supply us with your Personal Information. We reserve the right to modify or amend the terms of this Privacy Statement from time to time without notice. Your continued use of the VYBE Outlets following the posting of changes to these terms will mean you accept those changes. If we intend to apply the modifications or amendments to this Privacy Statement retroactively or to personal information already in our possession, we will provide you with specific notice of the modifications or amendments.

What Information We Collect:

We collect two basic types of information from you in conjunction with your use of the VYBE Outlets, personal information and non-personal information. Personal information is information that you may supply to us, as described more fully below, i.e., when you make a purchase, obtain a subscription, complete a survey or participate in a promotion, attend or participate in a program, register on the VYBE Outlets, upload content to a website or app, participate in a community, or provide your e-mail address. Non-personal information includes information that does not personally identify you, but it may include tracking and usage information about your location, demographics, use of the VYBE Outlets and use of the internet (“Non-Personal Information”).

In order to provide you with the best customer experience, we occasionally ask you to tell us a little about yourself. The type of personal information we collect when you register on or use our VYBE Outlets, check out online or pay at the register may include the following (“Personal Information”):

  • Your name, address, telephone number, birthdate, and email address.
  • Credit or debit card information.
  • Loyalty Program Membership number and expiration date.
  • Passwords and usernames associated with our VYBE Outlets and/or to authenticate your participation in a program or purchase of goods or services.

 

In addition, when you interact with the VYBE Outlets, we may collect certain information that does not identify you individually and to the extent you interact with VYBE Outlets that are our websites, interactive communications or apps, our servers may automatically keep an activity log of your use of our VYBE Outlets. Generally, we collect and store the following categories of Non-Personal Information:

  • Non-identifiable demographic data such as age, gender, and five digit zip code.
  • Device information about your computer, browser, mobile device, or other device that you use to access certain of the VYBE Outlets. This information may include IP address, geolocation information, unique device identifiers, browser type, browser language, and other transactional information.
  • Analytics and usage information about your use of the VYBE Outlets.
  • Additional “traffic data” and log files such as time of visit, date of visit, software crash reports, session identification number, access times, and referring website addresses.
  • Other information regarding your visits to and use of the VYBE Outlets that is not Personal Information.

 

Collection of Your Source IP Address/Location Information

We may collect and store location information about you associated with your account that you volunteer on or at a VYBE Outlet or enable to be collected through certain of the VYBE Outlets on your device. Except for the collection of your source IP address which may disclose the location of your device at the time you access the VYBE Outlets, we do not collect any location information that you do not volunteer or enable. We will delete any location information that you request us to delete.

Collection of Personal Information Through Social Media Platforms or Using Your Social Media Logon

When you interact with any VYBE page or account on a social media platform, including, but not limited to, Facebook, Twitter, Google+, Tumblr, LinkedIn, YouTube, Instagram, or Pinterest, we may collect the personal information that you make available to us on that page or account including your account ID or “handle.” However, we will comply with the privacy policies of the corresponding social media platform and we will only collect and store such personal information that we are permitted to collect by these social media platforms. If you publish your social media profile to VYBE, we may collect personal information that you make available as part of that profile.

Collection of Information From Other Sources

We also may collect information about you that we may receive from other sources to, among other things, enable us to verify, update information contained in our records and to better customize the VYBE Outlets for you. We may also collect Personal Information from credit reporting agencies to, for example, determine your creditworthiness, credit score, and credit usage, in accordance with applicable laws.

Collection of Personal and Non-Personal Information Through Surveys, Sweepstakes and Promotions

From time to time we may provide you with the opportunity to participate in surveys, sweepstakes or other promotions through the VYBE Outlets, which might be sponsored or conducted by us or a third party. If you participate, we will request certain Personal Information from you. Participation in these sweepstakes and promotions is completely voluntary and you therefore have a choice whether or not to disclose this Personal Information. The requested Personal Information typically includes contact information. If there is a third party sponsor involved please make sure to review that party's privacy policy.

Collection of Third Party Personal Information Through Tell-A-Friend Feature

We may from time to time conduct a referral service to introduce people you know to our VYBE Outlets. If you choose to use our referral service to tell someone about our VYBE Outlets or a discount on the VYBE Outlets, we will ask you for your contact’s name and email address. We will automatically send your contact a one-time email inviting him or her to visit one or more of the VYBE Outlets. We store this information for the purpose of sending this one-time email and tracking the success of our referral program. Your contact may contact us at support@vybe.com to request that we remove this information from our database.

How We Use Your Information:

You can browse our Websites, download our App, pay with cash at a store, or use certain of our other VYBE Outlets without telling us anything personal about yourself. But we need some Personal Information to do many things on or at the VYBE Outlets. For example, we can’t ship your order if we don’t know your address. Your Personal Information also helps us provide personalized support. We use your Personal Information and Non-Personal Information to:

  • Process a purchase made online or with a credit card in store.
  • Process a return or exchange of a previously purchased item.
  • Assist you with questions about products, delivery, billing or other issues.
  • Register you for an account on our VYBE Outlets or for a VYBE event.
  • Facilitate an easier, customized online or in-store experience when you register on our VYBE Outlets or give us your preferences.
  • Improve product offerings or services in your area or in-store.
  • Send email receipts, order confirmations and delivery confirmations.
  • Send customized mailings and emails with special offers, information and notices.
  • Provide benefits and content for Loyalty Program members.
  • Enable posting and follow-up of customer comments, reviews and suggestions.
  • Confirm your identity to help prevent fraud or theft.
  • Facilitate your participation in communities, forums, or other areas where you contribute content, reviews, or other feedback.
  • Administer your participation in a contest, sweepstakes, survey, or other event.
  • Evaluate, improve and administer our services, products and programs.
  • Utilize services administered or hosted by one of our contracted service providers or in-store associates.

 

Use of Your Location Information

Further, we use your location information specifically to:

  • Personalize content on or in the VYBE Outlets, including providing you reports, recommendations and feedback based on your preferences.
  • Optimize or improve our products, services and operations.
  • Detect, investigate, and prevent activities that may violate our policies or be illegal.
  • Perform statistical, demographic, and marketing analyses of users of the Website, App, and interactive communications and their purchasing patterns as well as targeted communication via our mobile devices.

 

Combination of Your Personal Information

We use the information from one of the VYBE Outlets on or in other VYBE Outlets or elsewhere in our network of stores, distribution channels, websites, apps, and other interactive features, or in reports and analysis, all of which are owned and operated or franchised by VYBE, and we may combine information gathered from multiple VYBE Outlets into a single customer record or analysis or report. We also use and/or combine information that we collect or receive from third party sources to enhance, expand, and check the accuracy of your customer records.

When We Can Share Your Information:

We do not disclose any of your Personal Information collected by us to any companies except (a) to VYBE’s parent, subsidiaries, or related entities or (b) to VYBE franchisees or their parent, subsidiaries or related entities or (c) as otherwise disclosed in this Privacy Statement. In no event will we sell or rent your Personal Information as part of a customer list or similar transaction. When information is shared with a third party, that party is instructed to use your Personal Information only to the extent necessary to perform their contracted functions. They are instructed to maintain the security of your personal data. We may share your Personal Information with:

  • A delivery service (e.g. UPS, U.S. Postal Service) when a purchase or return is being shipped.
  • A contracted service provider (or an affiliate of a contracted service provider) in the administration or performance of any aspect of our business operation or VYBE Outlets (e.g. payment processing).
  • Advertisers or other companies with whom we have a marketing relationship in order to send you information/offers that we believe will be of interest to you.
  • An affiliated business of VYBE or VYBE franchisee.
  • A business party to whom VYBE or a VYBE asset is sold, transferred or used as security, as part of that transaction.
  • Law enforcement officials or judicial authorities when required of VYBE or any of our service providers. This includes: matters involving claims of personal or public safety; in response to a search warrant or other legally valid inquiry or order; a request by an investigative body in the case of a breach of agreement or contravention of law; in litigation involving VYBE or a contracted service provider; or as otherwise required by law.
  • Appropriate persons in emergency situations as we determine reasonably necessary to protect and defend our rights or property, you, or any of our other customers, employees, agents, or users.
  • Appropriate persons or entities to assist in debt collection where you owe a debt to us.
  • Appropriate persons or entities in conjunction with fraud protection.

 

Accessing & Controlling Your Personal Information

Privacy Preferences / Opting Out:

When you register on or at one of our VYBE Outlets or provide us with your email address, you are automatically opted in to receive marketing emails about our products, services, sales and offers.

You may change your marketing preferences or remove yourself from our mailing lists by clicking on the "unsubscribe" link in the footer of promotional emails, by e-mailing us at support@vybe.com or by contacting us at: VYBE, Customer Service, 9454 Wilshire Blvd Suite 300 Beverly Hills, CA 90212
1-888-993-7886.

 

Please allow sufficient time for your preferences to be processed. Please note, however, that you generally cannot opt-out of service related announcements, e.g. if one of the VYBE Outlets is temporarily suspended or if delivery of a product or service is delayed.

Access to Personal Information

You may request access to the Personal Information we have about you. For detailed instructions, please contact us.

Information Sharing Disclosure Requests (California residents)

California residents have the right to request one Notice of Information-Sharing Disclosure per year that will identify the third parties with whom VYBE or any of our affiliates has shared your Personal Information. You may request the Notice of Information-Sharing Disclosure by writing to us at: VYBE, Customer Service, 9454 Wilshire Blvd Suite 300 Beverly Hills, CA 90212 support@vybe.com. We will respond to your request for a Notice of Information-Sharing Disclosure within 30 days.

Security of Your Personal Information:

We maintain administrative, technical and physical safeguards designed to protect against unauthorized access, use, modification and disclosure of Personal Information in our custody and control. We also are committed to employing reasonable technology and processes in order to protect the security of the VYBE Outlets. However, even with the best technology, no location is 100% secure. Where possible, we will ask that any third parties to whom we transfer your Personal Information to take comparable steps to protect that security.

Secure Shopping:

When you place orders on or through the VYBE Websites and Apps, all of your order information, including your card number and delivery address, is transmitted through the Internet using SSL technology, which encrypts your order information before transmitting it to our secure server. This is designed to prevent someone other than operators of the VYBE Websites and Apps from capturing and viewing your Personal Information. If your Web browser or device cannot support this level of security, you will not be able to order products through the VYBE Websites and Apps. Nearly all current internet browsers and devices can support a secure connection. Visit your browser or device’s website to download a current version.

Passwords:

To provide you with an increased level of security, online access to your Personal Information is protected with a password that you select. We strongly recommend that you do not disclose your password to anyone. VYBE will never ask you for your password in any unsolicited communication (including unsolicited correspondence, such as letters, phone calls or e-mail messages).

Use and Operation of Our VYBE Outlets

Intended Site Use:

VYBE Websites and the VYBE Apps and any interactive features are not intended or designed to attract users under the age of 13. We do not collect Personal Information from any person we know to be under the age of 13. If you are under 13, we ask that you not send us any Personal Information.

The VYBE Websites and the VYBE Apps and any interactive features are intended for users from the United States and those not governed by privacy policies of other countries. Users from the European Union are advised not to disclose Personal Information to VYBE. Information sent to us will be housed on servers located in the U.S. states of New Jersey, Pennsylvania and Virginia. Do not send us information unless you consent to the application of U.S law and to the use and disclosure of your information consistent with this Privacy Statement.

Cookies:

The VYBE Websites and interactive features use cookies so that we (1) know who you are, (2) can access your account information (stored on our computers) in order to deliver products and services, and (3) can personalize the VYBE Websites according to your preferences. Any pages on the VYBE Websites where you are prompted to log in or that are customizable require you to accept cookies. Cookies are also required in order for you to add multiple items to your shopping cart before checking out. You may set your Web browser to notify you when you receive a cookie. However, if you do not accept cookies from the VYBE Websites, you will limit the functionality of the VYBE Websites.

We also use cookies to improve the performance of our advertising on other websites. Although you may not opt out of receiving online advertisements generally, you may control the collection of data on our Websites that is used for interest-based VYBE.com advertising during your visits to other websites. To opt out of our cookies used for this online advertising served through our service provider, Conversant.

We may use various services of third parties to collect and use anonymous information about your visits to and interactions with the VYBE Outlets through the use of technologies such as cookies to personalize advertisements for goods and services. Some of these personalized advertisements will impact your experience on the VYBE Websites and interactive features. To learn more, or to opt-out of receiving online display advertisements tailored to your interests by our third party partners, visit the Network Advertising Initiative at www.networkadvertising.org/choices.

Tracer Tags:

VYBE Websites may also use a technology called tracer tags. These may also be referred to as Clear GIFs or Web Beacons. This technology allows us to understand which pages you visit on the VYBE Websites. These tracer tags are used to help us optimize and tailor the VYBE Websites for you and future visitors.

Do Not Track:

Your browser or device may include “Do Not Track” functionality. Because a “Do Not Track” compliance protocol has not yet been finalized, VYBE’s information collection and disclosure practices, and the choices that we provide to customers, will continue to operate as described in this Privacy Statement, whether or not a Do Not Track signal is received.

Outside Links:

This Privacy Statement only applies to VYBE Outlets. The VYBE Websites, VYBE Apps and VYBE interactive features may include links to the websites of business partners, vendors and advertisers. These other sites and the information you submit to them are outside of our control. These websites may collect information about you and operate according to their own privacy practices, which may differ from those in this Privacy Statement. Consult that website's privacy policy for more information about their practices and policies.

Flashtalking Tags:

VYBE uses the Flashtalking platform for ad creation and delivery, device recognition, and advertising campaigns analysis applying both cookie-based and cookie-less technologies to identify and connect devices. Learn more about Flashtalking's use of data and your choices in their Consumer Privacy statement.

How Long Do We Keep Your Information?

Following termination or deactivation of your account, VYBE, its affiliates, or its service providers may retain Personal Information for a commercially reasonable time for backup, archival, and/or audit purposes. If you have any questions about termination or deactivation of your account, please contact us directly at support@vybe.com.

Assignment

We may change our ownership or corporate organization while providing the VYBE Outlets. We may also sell certain assets associated with the VYBE Outlets. As a result, please be aware that in such event we may transfer some or all of your information to a company acquiring all or part of our assets or to another company with which we have merged. Under such circumstances we would, to the extent possible, require the acquiring party to follow the practices described in this Privacy Statement, as it may be amended from time to time. Nevertheless, we cannot promise that an acquiring company or the merged company will have the same privacy practices or treat your information the same as described in this Privacy Statement.

Policy Changes and Getting More Information

From time to time, we may modify or amend this Privacy Statement in order to comply with new laws or regulations or to reflect changes in our business practices. Any changes in our policies will be communicated on this page. Changes may be made at any time, without prior notice. However, we may post a notice on or in the relevant VYBE Outlets or send an email describing any changes.

If you have any questions about our handling of Personal Information, you may e-mail us at: suuport@vybe.com, call us toll-free at 1-888-993-7886 or send correspondence to:

 VYBE, Customer Service, 9454 Wilshire Blvd Suite 300 Beverly Hills, CA 90212

VYBE Privacy Statement – EU Residents

This policy is applicable to residents and individuals located in the European Union.

Your privacy is as important to us as it is to you! We treat the information you provide us (such as your name or email – aka "Personal Data" as further defined below) with the highest level of integrity and responsibility. This statement describes what we collect, what we do with it and how you can manage it, plus some information about how the site operates and the security safeguards we have in place.

The policies below are applicable to Personal Data collected through VYBE websites (including any versions optimized for viewing on a wireless or tablet device) (“VYBE Websites”), all apps published by VYBE (“VYBE Apps”), all email newsletters published or distributed by VYBE, all other interactive features and communications provided by VYBE, and to any and all Personal Data provided by you to VYBE at VYBE stores, call centers, events, or promotions, and all Personal Data provided by you or collected through your membership in the VYBE Loyalty Program (“VYBE Programs”)(collectively, “VYBE Outlets”), however accessed and/or used, that are operated by us, made available by us, or produced and maintained by VYBE Holdings, LLC, 300 Sixth Avenue, Pittsburgh, PA 15222, USA (collectively “VYBE” or “we”, “us”, or “our”).  THESE POLICIES DO NOT APPLY TO FRANCHISEES OF VYBE.  OUR FRANCHISEES OPERATE THEIR OWN STORES AND WEBSITES AND MAY ENGAGE IN OTHER DATA COLLECTION AND USE PRACTICES OR MAY PARTNER WITH OTHER THIRD PARTIES WHO MAY TREAT YOUR DATA DIFFERENTLY OR USE OTHER TRACKING METHODS AND TECHNOLOGIES.  WE DO NOT CONTROL THESE WEBSITES OR THE BUSINESS PRACTICES OF THESE FRANCHISEES.  IF YOU HAVE A QUESTION ABOUT THE PRIVACY PRACTICES OF A VYBE FRANCHISEE, YOU SHOULD CONTACT THAT FRANCHISEE DIRECTLY. 

By using our VYBE Outlets, you are accepting the practices described in this Privacy Statement.  If you do not agree to the terms of this Privacy Statement, please do not use the VYBE Outlets and/or supply us with your Personal Data.  We reserve the right to modify or amend the terms of this Privacy Statement from time to time. We will provide you with specific notice of the modifications or amendments, particularly if we intend to apply the modifications or amendments to this Privacy Statement retroactively or to Personal Data already in our possession. Your continued use of the VYBE Outlets following the posting of changes to these terms will mean you accept those changes. 

1. What Data We Collect and How We Use It:

You can browse our Websites, download our App, pay with cash at a store, or use certain of our other VYBE Outlets without telling us anything personal about yourself. But we need some information from you to do many things on or at the VYBE Outlets. Therefore, we may collect various types of information from you in conjunction with your use of the VYBE Outlets, including Personal Data.  Personal Data is information that can directly or indirectly identify you.  Such Personal Data is information that you may supply to us, as described more fully below, i.e., when you make a purchase, obtain a subscription, complete a survey or participate in a promotion, attend or participate in a program, register on the VYBE Outlets, upload content to a website or app, participate in a community, or provide your e-mail address. 

In order to provide you with the best customer experience, we occasionally ask you to tell us a little about yourself. 

1.1 Registration

The type of Personal Data we may collect when you register on our VYBE Outlets, check out online or pay at the register may include the following:

  • Your name, address, telephone number, and email address.
  • Passwords and usernames associated with our VYBE Outlets.

We collect and process this Personal Data to perform administrative services to provide you with the respective underlying services, e.g. faster purchasing process, facilitate an easier, customized online or in-store experience and facilitates your participation in communities, forums, or other areas where you contribute content, reviews, or other feedback.

The legal basis for the processing is the performance of a contract.

We will retain this Personal Data for as long as you use our services, e.g. purchase via our Outlets.

1.2 Loyalty Programs

The type of Personal Data we collect when you subscribe to one of our VYBE Outlets as a VYBE Loyalty Program member may include the following:

  • Your name, address, telephone number, birthdate, and email address.
  • Loyalty Program Membership number.
  • Passwords and usernames associated with our VYBE Outlets.

We collect and process this Personal Data to perform administrative services to provide Loyalty Program members with the respective underlying services, e.g. faster purchasing process, facilitate an easier, customized online or in-store experience, with customized mailings and email sand special offers, information and notices.

We will retain this Personal Data for as long as you use our services, e.g. remain a Loyalty Program member.

1.3 Purchases

The type of Personal Data we collect when you check out online or pay at the register on our VYBE Outlets may include the following:

  • Your name, address, telephone number, and email address.
  • Credit or debit card information.
  • Loyalty Program Membership number.
  • Passwords and usernames associated with our VYBE Outlets and/or to authenticate your participation in a program or purchase of goods or services.

We collect and process this Personal Data to process a purchase made online or with a credit card in a store, to process a return or exchange a previously purchased item, send email receipts, order confirmations and delivery confirmations.

The legal basis for the processing of this Personal Data is the performance of a contract.

We will retain this Personal Data for three years from the date of your last purchase.

1.4 Websites, apps and interactive communications

When you interact with the VYBE Outlets, we may collect and process certain data. For the VYBE Outlets that are our websites, interactive communications, or apps, our servers may automatically keep an activity log of your use of our VYBE Outlets. Generally, we collect and store the following categories of data that may be considered Personal Data:

  • Demographic data such as age, gender, and five digit zip code.
  • Device information about your computer, browser, mobile device, or other device that you use to access certain of the VYBE Outlets. This information may include IP address, geolocation information, unique device identifiers, browser type, browser language, and other transactional information.
  • Analytics and usage information about your use of the VYBE Outlets.
  • Additional “traffic data” and log files such as time of visit, date of visit, software crash reports, session identification number, access times, and referring website addresses.

We collect and process this Personal Data to evaluate, improve and administer our services, products and programs.

The legal basis for the processing of this Personal Data is your consent.

We will retain this Personal Data for as long as you show interest in our services (e.g. by surfing on our website) or until you withdraw your consent.

1.5 Newsletters, Offers and Marketing Communications

We collect your e-mail address when you sign up to receive our news, offers and other marketing communications.

We collect and use that Personal Data to send you VYBE news and marketing communications.

The legal basis for the processing of this Personal Data is your consent. You may withdraw your consent to receive such information, change your marketing preferences, or remove yourself from our mailing lists by clicking on the "unsubscribe" link in the footer of promotional emails, by e-mailing us at Support@VYBE.com or by contacting us at:  VYBE, Customer Service, 9454 Wilshire Blvd Suite 300 Beverly Hills, CA 90212
or by phone at +1 (888) 993-7886. Please note, however, that you generally cannot opt-out of service related announcements, e.g if delivery of a product or service is delayed.

We will process this Personal Data for as long as you show interest in our services and newsletters or until you withdraw your consent. If you have not shown interest in our services for more than three years, we will delete this Personal Data.

1.6 Collection of Personal Data Through Social Media Platforms or Using Your Social Media Logon

When you interact with any VYBE page or account on a social media platform, including, but not limited to, Facebook, Twitter, Google+, Tumblr, LinkedIn, YouTube, Instagram, or Pinterest, we do not collect the Personal Data that you make available to us on that page or account. However, the social media platform or another third-party may collect your Personal Data through plug-in information. You should refer to the privacy policy for the respective social media platform for additional information.

1.7 Customer Service

When you contact our customer service you may provide us with your name, email address, information on your request and optionally with your telephone number.

We collect and process this Personal Data to assist you with questions about products, delivery, billing or other issues.

The legal basis for processing this Personal Data is the performance of a contract or quasi-contract.

We retain this Personal Data for six years.

1.8 Transfer and Combination of Your Personal Data

We use the information from one of the VYBE Outlets on or in other VYBE Outlets or elsewhere in our network of stores, distribution channels, websites, apps, and other interactive features, or in reports and analysis, all of which are owned and operated or franchised by VYBE, and we may combine information gathered from multiple VYBE Outlets into a single customer record or analysis or report. We also use and/or combine information that we collect or receive from third party sources to enhance, expand, and check the accuracy of your customer records. This information is provided to data vendors for the purposes of administering the Loyalty Programs, fulfilling customer orders, and providing customer service.

The basis for the processing of your personal data is the performance of a contract or quasi contract.

2. How Do We Share Your Personal Data:

We do not disclose any of your Personal Data collected by us to any companies except (a) to VYBE parent, subsidiaries, or related entities or (b) to VYBE franchisees or their parent, subsidiaries or related entities or (c) as otherwise disclosed in this Privacy Statement. In no event will we sell or rent your Personal Data as part of a customer list or similar transaction. When Personal Data is shared with a third party, that party is instructed to use your Personal Data only to the extent necessary to perform their contracted functions. They are instructed to maintain the security of your Personal Data. Where your Personal Data is transferred to third parties that do not provide for an adequate level of data protection, there are appropriate safeguards in place, namely a combination of standard contractual clauses and Privacy Shield. Please contact support@vybe.com to obtain copies of these safeguards.

We may share your Personal Data with:

2.1 Our service providers

We share your Personal Data with the following data processors (i.e. service providers that help us to perform the above tasks):

  • A contracted service provider (or an affiliate of a contracted service provider) in the administration or performance of any aspect of our business operation or VYBE Outlets
  • Advertisers or other companies with whom we have a marketing relationship in order to send you information/offers that we believe will be of interest to you based on your consent.
  • Appropriate persons or entities in conjunction with fraud protection.

2.2 Other Recipients

We share your Personal Data with the following third parties that process your data for their own purposes (i.e. these third parties are not processors; they rather use your Personal Data because they have an own interest). We will inform you about such disclosures in case they are necessary:

  • Payment processors such as PayPal.
  • A delivery service (e.g. UPS, U.S. Postal Service) when a purchase or return is being shipped.
  • Law enforcement or other agencies if we are required to do so by law, or by a warrant, subpoena or court order to disclose your Personal Data, or as otherwise required or admissible (e.g. for claims) by law.
  • A business party in case of transactions of VYBE assets, where permitted by law.
  • Appropriate persons in emergency situations as we determine reasonably necessary to protect and defend our rights or property, you, or any of our other customers, employees, agents, or users.
  • Appropriate persons or entities to assist in debt collection where you owe a debt to us.

3. Your Rights

If certain requirements are fulfilled, you have the following rights:

  • Obtain from us confirmation as to whether or not we process Personal Data from you and, where that is the case, access to your Personal Data;
  • Rectification of inaccurate Personal Data;
  • Erasure of Personal Data;
  • Objection to the processing of Personal Data;
  • Restriction of processing of Personal Data; and
  • Portability of Personal Data - receive the Personal Data you have provided to us in a structured, commonly used and machine-readable form and transmit those data it to another data controller.

Also, where our processing of your Personal Data is based on your consent, you may withdraw consent at any time for the future. Please note that withdrawing your consent will not affect the lawfulness of the processing before the withdrawal.

To make a Data Subject Rights Request, contact us via:

  • e-mail: support@vybe.com

You may lodge a complaint with the competent supervisory authority if you think that the processing of Personal Data by us infringes data protection laws.

For additional information: https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en

3.1 Cookies:

The VYBE Websites and interactive features use cookies so that we (1) know who you are and (2) can personalize the VYBE Websites according to your preferences.

3.1.1 What are cookies?

Cookies are text files that are downloaded to and stored on your device when you surf the internet (e.g. smartphone or computer), whenever you access a website. Cookies can store a variety of information.

There are basically two types of cookies:

Persistent cookies - these cookies are stored on your device until you delete it or until its lifespan expires.

Session cookies - these cookies are temporary and are deleted once you close your browser.

Cookies help to improve your user experience when using the VYBE Outlets by remembering your preferences and providing you with relevant information. You can learn more about cookies at www.allaboutcookies.org and www.youronlinechoices.eu.

3.1.2 Categories of cookies

Strictly Necessary means the cookies are essential for the provision of the site and any requested services, e.g. purchases, but do not perform any additional or secondary function. If these cookies are enabled, not all functions are available and your website experience might be impaired.

Performance Cookies are those that provide statistical information on site usage, i.e. web analytics.

Functionality Cookies These cookies allow the provision of better functionality and personalization, as they store your preferences. If you enable these cookies, some or all of these functions may not work properly.

VYBE uses the following functional cookies:

PROVIDER

COOKIE NAME

Salesforce - Session Id

JSESSIONID

Order Groove - Session Id

og_session_id

Google Analytics

_ga

Targeting/Advertising Cookies are used to create profiles or personalize content, e.g. advertisement based on your interests.

3.1.3 How do we use cookies?

Any pages on the VYBE Websites where you are prompted to log in or that are customizable require you to accept cookies. Cookies are also required in order for you to add multiple items to your shopping cart before checking out. You may set your Web browser to notify you when you receive a cookie. However, if you do not accept cookies from the VYBE Websites, you will limit the functionality of the VYBE Websites.

We may use various services of third parties to collect and use anonymous information about your visits to and interactions with the VYBE Outlets through the use of technologies such as cookies to tailor advertisements for goods and services. Some of these advertisements will impact your experience on the VYBE Websites and interactive features. To learn more, or to withdraw consent for receiving online display advertisements tailored to your interests by our third party partners, visit the Network Advertising Initiative at www.networkadvertising.org/choices.

Outside Links:

This Privacy Statement only applies to VYBE Outlets. The VYBE Websites, VYBE Apps and VYBE interactive features may include links to the websites of business partners, vendors and advertisers. These other sites and the information you submit to them are outside of our control. These websites may collect Personal Data about you and operate according to their own privacy practices, which may differ from those in this Privacy Statement. Consult that website's privacy policy for more information about their practices and policies.

3.1.4 Collection of Your Source IP Address/Location Data

We may collect and store location data about you associated with your account on or at a VYBE Outlet or enable to be collected through certain of the VYBE Outlets on your device.

We collect and process this Personal Data to improve product offerings or services in your area or in-store. Further, we use your location data specifically to:

  • Personalize content on or in the VYBE Outlets, including providing you reports, recommendations and feedback based on your preferences.
  • Optimize or improve our products, services and operations.
  • Perform statistical, demographic, and marketing analyses of users of the Website, App, and interactive communications and their purchasing patterns as well as targeted communication via our mobile devices.

The legal basis for the processing of this Personal Data is your consent.

We will retain this Personal Data for as long as you show interest in our services (e.g. by visiting our stores or using our apps) or until you withdraw your consent.

3.1.5 Google Analytics

We use Google Analytics, which is a web analytics service from Google Inc. Google Analytics drops a cookie on your device to recognize you on an anonymous basis, once you return to a specific website. Google uses the information received from the cookie to store a profile of the pages you have accessed within a session.

You may refuse the collection of your data by this cookie by downloading and installing the following browser plug-in: https://tools.google.com/dlpage/gaoptout?hl=en

Further information on this cookie is available under https://policies.google.com/privacy?hl=en.

Assignment

We may change our ownership or corporate organization while providing the VYBE Outlets. We may also sell certain assets associated with the VYBE Outlets. As a result, please be aware that in such event we may transfer some or all of your Personal Data to a company acquiring all or part of our assets or to another company with which we have merged. Under such circumstances we would, to the extent possible, require the acquiring party to follow the practices described in this Privacy Statement, as it may be amended from time to time. Nevertheless, we cannot promise that an acquiring company or the merged company will have the same privacy practices or treat your Personal Data the same as described in this Privacy Statement.

Policy Changes and Getting More Information; Our Local Representative in Europe

From time to time, we may modify or amend this Privacy Statement in order to comply with new laws or regulations or to reflect changes in our business practices. Any changes in our policies will be communicated on this page. We may also post a notice on or in the relevant VYBE Outlets or send an email describing any changes.

If you have any questions about our handling of Personal Information, you may e-mail us at: supprt@vybe.com or send correspondence to:

VYBE, Customer Service, 9454 Wilshire Blvd Suite 300 Beverly Hills, CA 90212

California Resident Privacy Policy

Effective Date: January 1, 2020 (updated April 7, 2020)

This Privacy Notice for California Residents supplements and is expressly made part of the information contained in VYBE Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this Notice to comply with the California Consumer Privacy Act of 2018 (CCPA).  Any terms defined in the CCPA have the same meaning when used in this Notice.

1. Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from our consumers within the last twelve (12) months:

CATEGORY

COLLECTED

A. Identifers

YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

YES

C. Protected classification characteristics under California or federal law.

YES

D. Commercial information.

YES

E. Biometric information.

NO

F. Internet or other similar network activity.

YES

G. Geolocation data.

YES

H. Sensory data.

NO

I. Professional or employment-related information.

NO

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

NO

K. Inferences drawn from other personal information.

NO

Personal information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, like:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources:

  • Our customers
  • Our affiliates
  • Service providers
  • Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

In the preceding twelve (12) months, we have not sold any personal information

2. Use of Personal Information 

We may use or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason you provided the information. For example, if you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
  • To provide, support, personalize, and develop our websites, products, and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our websites, third-party sites, and via email or text message (with your consent, where required by law).
  • To help maintain the safety, security, and integrity of our websites, products and services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our websites, products, and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of VYBE’s assets, in which personal information held by VYBE about our customers is among the assets transferred.

VYBE will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

3. Sharing Personal Information 

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We share your personal information with the following categories of third parties:

  • Service providers
  • Data aggregators

Disclosures of Personal Information for a Business Purpose

In the preceding 12 months, we have disclosed the following categories of personal information for a business purpose:

  • Identifiers.             
  • California Customer Records personal information categories             
  • Protected demographic classifications
  • Biometric information
  • Commercial Information
  • Internet or Network Activity 

We disclose your personal information for a business purpose to the following categories of third parties:

  • Service providers
  • Data aggregators

Sales of Personal Information

In the preceding 12 months, we have not sold consumers’ personal information.

4. Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you.
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to a total of 90 days from the date the request is received), we will inform you of the reason and extension period in writing.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

5. Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

6. Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Websites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to support@vybe.com

7. Changes to Our Privacy Notice

We reserve the right to amend this privacy Notice at our discretion and at any time. When we make changes to this privacy Notice, we will post the updated Notice on our website and update the Notice’s effective date. Your continued use of our websites following the posting of changes constitutes your acceptance of such changes.

6. Contact Information

If you have any questions or comments about this Notice, the ways in which we collect and use your information described above, your choices and rights regarding such use, wish to exercise your rights under California law, or are a consumer with a disability and would like to discuss accessing this policy in an alternative format, please contact us at:

Phone: 888-993-7886

Email: support@vybe.com

Postal Address: VYBE, Customer Service, 9454 Wilshire Blvd Suite 300 Beverly Hills, CA 90212