Effective March 27, 2021
Welcome! We at AVAIL VAPOR LLC thank you for visiting our website (“Site”). This PRIVACY NOTICE (“Privacy Notice”) describes the ways in which your privacy is protected when you access, interact with and use this Site.
By using this Site, you agree to all AVAIL VAPOR LLC policies made available to you within this Site including, but not limited to, our Terms and Conditions of Use and Sale (available on the Internet at https://www.availvapor.com/terms-conditions/ (“Terms”), which are hereby incorporated by this reference. Capitalized terms not otherwise defined in this Privacy Notice shall have the meanings ascribed to them in the Terms.
With respect to the collection of your information, if you do not want your personal information collected, please do not submit it to us. If you have already submitted information and would like to review, correct, or remove it from our records, please contact [email protected] Pursuant to tobacco product regulations, user information collected during order placement and age verification will be stored for a minimum of five years and will be shared with tobacco tax enforcement or jurisdictional law enforcement as required by federal, state or local law and upon a legal request for the aforementioned information. This information is not subject to removal or alteration by request.
By visiting and using the Site, you are deemed to have agreed to the provisions of this Privacy Notice, unless you are in the EEA or Switzerland in which case you are acknowledging that you have been provided this Privacy Notice.
- Information Collection and Use by AVAIL VAPOR LLC.
- At AVAIL VAPOR LLC we are committed to ensuring our Users’ privacy and peace of mind. Your personal information (“Personal Information”) is gathered only when you choose to share it. For purposes of the Privacy Notice, ‘personal information’ means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- Your Personal Information is gathered by AVAIL VAPOR LLC when you become a Purchaser of one (1) or more Products from the Site by providing us with information such as (by way of an example) your name, email, and address. Additionally, your Personal Information is gathered by us when you sign up for one (1) or more electronic newsletters and/or promotional e-mails that we may now or hereafter offer to our Users from time to time, or when placing a request for customer service by using the “Contact” feature contained within the Site. In both of these examples, we require the collected information in order to fulfill your request for product or information. To the extent that we use this information beyond the immediate fulfillment of your request, we retain it so that we may contact you about new products, sales, and other promotional messages we think will interest you. Finally, your Personal Information is gathered by us when clicking any one (1) or more on sponsored advertisements that we may now or hereafter provide for our Users to view while on the Site. Additionally, you can always choose to opt-out of receiving promotional e-mail and electronic newsletter communications that we may now or hereafter send to Users from time to time (see the Section on Email Choice/Opt-out for more information).
- Loyalty Rewards Program. AVAIL VAPOR LLC offers a loyalty rewards program called AVAIL Life Membership in which customers accrue points that are redeemable for in-store credit at AVAIL VAPOR LLC. AVAIL VAPOR LLC store credit holds zero cash value and may only be applied as store credit for purchases made at AVAIL VAPOR LLC. Loyalty rewards points and AVAIL VAPOR LLC store credit are non-transferable and may only be used at www.availvapor.com and in-store at an AVAIL VAPOR LLC retail location.
- Age Verification. To comply with U.S. federal regulations and state-specific minimum age requirements, we have implemented a third-party automated age verification system. Third-party (automated) age verification is performed by Veratad Technologies, LLC. Neither AVAIL VAPOR LLC nor Veratad Technologies, LLC will sell User information collected during automated age verification. Pursuant to tobacco product regulations, user information collected during the automated age verification process will be stored for a minimum of five years and may be shared with tobacco tax enforcement or jurisdictional law enforcement as required by federal, state or local law and upon a legal request for the aforementioned information.
- Technologies such as: cookies, beacons, tags and scripts are used by AVAIL VAPOR LLC and our partners (e.g. marketing partners), or analytics. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
- We use Local Storage Objects (LSOs) such as HTML5 or Flash to store content information and preferences. Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use LSOs such as HTML 5 or Flash to collect and store information. Various browsers may offer their own management tools for removing HTML5 LSOs. To manage Flash LSOs please click here.
- We may partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here (or if located in the European Union click here). Please note this does not opt you out of being served ads. You will continue to receive generic ads.
- From time-to-time, AVAIL VAPOR LLC and any advertisers that we may now or hereafter partner with may sponsor a promotion, sweepstakes or contest on the Site. To participate in such promotions, sweepstakes or contests, users may be asked to provide Personal Information including their name, email address, phone number or home address, or to answer personal questions for marketing purposes. Unless otherwise specified herein, AVAIL VAPOR LLC will not independently transfer Personal Information to its partners. Your decision to participate in a sponsored promotion, sweepstakes or contest is entirely voluntary, and any information you provide by participating, including Personal Information, is entirely at your discretion.
- Our Blog. Our Site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal data from our blog or community forum, contact us at [email protected] In some cases, we may not be able to remove your personal data, in which case we will let you know if we are unable to do so and why. Because the Site provides Users with the ability to communicate with other Users and publish public commentary by posting content under the “Comments” section for each of our products, it is strongly recommended that you carefully monitor the information which you choose to share when posting content under the “Comments” section for any given product. AVAIL VAPOR LLC does not regularly monitor such information under the “Comments” section and is under no obligation to do so. Any Personal Information which you post in any “Comments” section may become a permanent part of the public domain and have unintended consequences. You are advised to use caution when posting anything other than Product-related comments under any “Comments” section.
- Eliquid Reviews. We display personal testimonials of satisfied customers on our Site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at [email protected]
- Referrals. If you choose to use our “Refer a Friend” service to tell a friend about our Site, we will ask you for your friend’s information such as name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. AVAIL VAPOR LLC stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.
- Except in the limited circumstances set forth below, AVAIL VAPOR LLC will not sell, share or disclose Personal Information it collects to third parties without your prior consent.
- Order Fulfillment. Once you purchase a Product(s) from us while on the Site, we may share with a third party the information that is necessary to fulfill the order for that Product(s). For example, if you purchase a Product on the Site using your credit card (e.g. MasterCard®, Visa®, American Express®, or Discover®), your credit card number may be securely passed (via encryption) on to our credit card processing agent and/or the card’s issuing institution (including their fraud verification and detection service providers). Likewise, the sales transaction information associated with your Product purchase, such as your shipping and/or billing address, email address, telephone number and purchased Product description, may be shared in the future, as we expand our payment method offerings, with an online payment service provider (such as PayPal® or Amazon PayPhrase®).
- Legal Compliance. AVAIL VAPOR LLC may disclose Users’ Personal Information when such disclosure is:
- necessary to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by AVAIL VAPOR LLC, whether or not a response is required by applicable law;
- necessary to enforce or apply our Terms and other related agreements; or
- to protect the rights, property, or safety of AVAIL VAPOR LLC, our employees, our Users or other members of the general public.
- Disclosures made may include exchanging information with other companies and organizations, or governmental agencies. However, this does not include selling, renting, sharing, or otherwise disclosing Personal Information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.
- Business Transfers. As we continue to develop our business, we may sell or buy companies, subsidiaries, or business units. In such transactions, User information, including Personal Information, is generally considered an asset, but remains subject to the terms and conditions of any pre-existing Privacy Notice. In addition, we may transfer your personal data to a successor entity upon a merger, consolidation or other corporate reorganization in which AVAIL VAPOR LLC participates or to a purchaser of all or substantially all of AVAIL VAPOR LLC’s assets to which this Site relates. You will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal data, as well as any choices you may have regarding your personal data.
- Security. AVAIL VAPOR LLC takes precautions to insure that our Users’ Personal Information is secured. We use a variety of industry-standard technical, contractual, administrative and physical security measures and procedures to help protect your Personal Information from unauthorized access, use, alteration or disclosure. Unless otherwise provided for herein, we restrict access to Personal Information to those employees who need access to perform their essential job functions. Please note that despite our best efforts, no one can guarantee the security of User Personal Information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of User Personal Information at any time.
- Social Media. Our Site includes social media features, such as the Facebook, Instagram, and Twitter buttons. These features may also collect your IP address, which page you are visiting on our Site, and may set a cookie (see below) to enable the feature to function properly. These features may also give you the option to post information about your activities on our Site to your profile page to share with others within your network. Your interactions with these features are governed by the privacy notice of the company providing them.
- Email Choice/Opt-out. AVAIL VAPOR LLC offers you choices regarding the collection, use, and sharing of your Personal Information. You have a right at any time to stop us from contacting you for promotional marketing purposes. If now or in the future you receive promotional or electronic newsletter communications from us, you may indicate a preference to stop receiving such communications from us, and you will have the opportunity to “opt-out” by clicking the “Unsubscribe” hyperlink at the bottom of all such communications. Notwithstanding your indicated email marketing preferences, we may send you administrative emails regarding AVAIL VAPOR LLC, including, for example, Order Confirmations and notices of updates to our Privacy Notice or the Terms if we choose to provide such notices to you in this manner.
- Visiting our Site from outside the United States. We store and process all personal information for AVAIL VAPOR LLC within the US. If you are visiting our Site from outside the United States, please be aware that your information will be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. Please be assured that we seek to take reasonable steps to ensure that your personal information is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Notice.
- Visiting our Site from the European Economic Area (EEA)
- The Legal Basis for Using European Personal Information
- When we collect information about you through our Site the legal basis on which we process your personal information is fulfillment of an agreement between us, namely, to provide you with the products and services or the AVAIL VAPOR LLC Newsletters and other information marketing our products in response to your request.
- When we collect information about you through our Site, the legal basis on which we process your personal information is the performance of our agreement with you to purchase or review products. When we use your personal information outside of what is strictly necessary for that transaction, we are doing so toward our legitimate interest of informing you of related products and promotions.
- To the extent that we transfer personal information from the EEA to a jurisdiction outside the EEA that has not been adduced by the European Commission as providing adequate data protections (such as the US), we will ensure that such personal information is safeguarded through appropriate contractual terms.
- Rights for EEA Residents
- In addition, if you are a resident of the EEA, you have the right to:
- Find out if we use your personal information, to access your personal information, and receive copies of your personal information.
- Withdraw any express consent that you have provided to the processing of your personal information at any time without penalty.
- Access your personal information and have it corrected or amended if it is inaccurate or incomplete.
- Obtain a transferable copy of some of your personal information which can be transferred to another provider when the personal information was processed based on your consent.
- If you believe your personal information is inaccurate, no longer necessary for our business purposes, or if you object to our processing of your personal information, you also have the right to request that we restrict the processing of your data pending our investigation and/or verification of your claim.
- Request your personal information be deleted or restricted under certain circumstances. For example, if AVAIL VAPOR LLC is using your personal information on the basis of your consent and has no other legal basis to use such, you may request your personal information be deleted when you withdraw your consent.
- If you wish to exercise any of these rights, or raise a complaint on how we have handled your personal information, please contact us at [email protected] or via the details below.
- Changes in Our Privacy Notice.
From time-to-time we may modify, change, update, add to, remove portions of or otherwise alter this Privacy Notice. If we make changes, we will post them on our Site to make Users aware of what the changes are so Users will always be aware of what information we collect, how we collect and use that information, and when we may disclose such information. If you object to any such changes, you must immediately cease using the Site. A User is bound by any changes to this Privacy Notice when he, she or it uses the Site after those changes have been posted.
- Contact, Questions or Feedback
When we receive formal written complaints, it is our policy to contact the person regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between AVAIL VAPOR LLC and an individual.
AVAIL VAPOR LLC
Attn: Privacy Office
424 E Grace St
Richmond, Viginia 23219