Effective Date: June 1, 2019

Introduction

The purpose of this Privacy Policy is to allow you (the “User”) to understand how we, Anamaya SA. (“Anamaya”) collect and use the personal information you provide to us through the websites and mobile apps that we own and operate (in each case, the “Services”), including anamayaresort.com, anamaya.com, Pura Vida Kit, and Anamaya Kitchen.

This Privacy Policy applies to information collected by Anamaya and does not apply to information collected by any third-party sites to which Anamaya may link or to information provided to, or collected by, third-parties through cookies, web beacons, or other third-party technologies served during your visit to the Services.

Information We Collect and How We Use It

Personal Account Information: If you choose to sign-up for any of our products or services, or engage in other transactions or activities that may include, but are not exclusive to our weekly retreats, Yoga Teacher Trainings, subscriptions, surveys, newsletters, contests, among other things, or sign up for other services, you will likely be asked to provide certain basic information, such as your name, e-mail, address, telephone number and credit card or other payment information, which we need in order to enter into a transaction agreement with you and to provide you with the goods or services you have requested. You may also be asked to provide some information about your preferences, tastes or individual characteristics. All of this information submitted by you will be subject to this Privacy Policy and is called “Personal Account Information.”

Anamaya may use your Personal Account Information to perform our agreement with you by providing products, services and information requested by you and to operate, maintain, customize and personalize your experience with the Anamaya products and services. As part of our agreement with you, we may also use Personal Account Information to contact you or send you notifications about products and services that you have ordered. We may also, on the basis of your consent or our legitimate business interests, send you notifications about products and services that we otherwise think may be of interest to you. You can withdraw your consent at any time by using the opt-out mechanism in the notification or contacting us directly.

Anamaya may provide your Personal Account Information to third-party service providers that we engage to assist us with the operation of the Services and the provision of products and services. Such access is provided with the understanding that these parties will use the information for these limited purposes and in accordance with our Privacy Policy.

Unless otherwise disclosed at the time of collection of information, Anamaya does not share Personal Account Information with third parties for their own direct marketing purposes. Anamaya may, however, provide Personal Account Information to service-providers who provide marketing insights, such as lookalike models or other statistical research. These insights, which do not contain your Personal Account Information, may be shared with other third parties. Anamaya may also provide general demographic, aggregated, or deidentified information about Users and customers and their preferences to advertisers and other existing or prospective business partners.

Technical Data: When a User visits Anamaya’s website, we may collect information regarding the User’s browser type and Internet Protocol (“IP”) address and store such information through use of “cookies.” A cookie is a small file containing a string of alphanumeric characters that uniquely identifies your browser. The cookies enable Anamaya to confirm that Users have visited previously, to keep track of the status of your shopping cart, and to perform other functions of our Services. You can set your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. However, if you set your browser to disable all cookies, some features of our Services may not function properly.

Also, when you use the website Services, our servers automatically record certain information that your web browser sends automatically whenever you visit the website. These server logs may include information such as your web request, IP address, browser type, browser language, platform type, number of clicks, domain names, the amount of time spent on particular pages, tracking your interactions with our Services, and the date and time of your use of our Services.

Referral Information: We often invite Users to tell a friend about our products or services. In that event, we will ask you for your friend’s name and email address. We will automatically send your friend an email inviting them to subscribe to Anamaya’s newsletter or subscription programs or other products or services, and we will typically include a discount or other promotion to encourage your friend to become a User or customer. This information may be used to track the success of our referral program. Your friend may contact us at info@anamaya.com to request that we remove their information from our database.

Information from Other Sources: We may obtain information about you from other sources and combine or link that with the information we have collected about you. To the extent we combine such third-party sourced information with your Personal Account Information, we will treat the combined information as Personal Account Information under this Privacy Policy. We may also contract with third party vendors to pool browsing information about your visits to our website with other sources of information for purposes of determining whether you might be interested in receiving advertising, including direct mail or a catalog.

Additional Information About Use and Sharing

In addition to the uses described above, Anamaya may use the information it collects for our legitimate business purposes, including in any of the ways described below.

Anamaya reserves the right to share Personal Account Information if:

(a) we believe we are required to do so in accordance with a law or to respond to a subpoena, court order, or other lawful request by a public authority, including to meet national security or law enforcement requirements;

(b) we believe that such disclosure is necessary or appropriate to enforce our Terms of Use and Sale;

(c) we believe that such disclosure is necessary or appropriate to take precautions against liability;

(d) we believe that such disclosure is necessary or appropriate to investigate and defend ourselves against any third-party claims or allegations;

(e) we believe that such disclosure is necessary or appropriate to assist government agencies;

(f) we believe that such disclosure is necessary or appropriate to protect the security or integrity of the Services;

(g) we believe that such disclosure is necessary or appropriate to protect the rights, safety or property of Anamaya, our Users or others; or

(h) Anamaya becomes involved in a merger, acquisition, or other transaction resulting in a change of control of Anamaya or a sale of substantially all of the assets of the business or of a particular product line or division of the business, in which case Personal Account Information may be transferred in connection with the transaction and may become subject to the privacy policy of another entity.

If we obtain technical data from our Users, we may use such information for the following purposes:

(a) to diagnose and prevent service or technology problems that are associated with the IP addresses;

(b) to help us provide you with customized content and promotions that match your stated preferences;

(c) to prepare geographical or other statistical data to help us better serve our Users;

(d) to create new features, promotions, and services in connection with the Services; and

(e) to monitor the use of the Services.

Third-Party Advertising

Anamaya permits third-party advertisers to provide advertisements to you through our Services. Although Personal Account Information may be used to send or display targeted advertisements, Anamaya does not provide any Personal Account Information to those advertisers other than in aggregated or de-identified fashion. Advertisers may also download cookies onto your computer, or use other technology like web beacons, to enable them to recognize your computer each time they send you an advertisement whether or not you are visiting the Anamaya site or another site and in some cases, the information in these cookies and in other technologies may be linked to data you voluntarily submitted to us, such as your email address, which we may share in hashed or encrypted form. As a result, the advertiser would have the ability to deliver targeted advertisements that they believe would be of most interest to you. Anamaya does not have access to or control of the cookies that may be placed on your computer by third-party advertisers. We also use remarketing services to advertise our products to you on third party web sites after you have visited our Sites.

In some instances you can opt-out of receiving personalized ads from third party advertisers and ad networks. Advertisers and ad networks that are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising provide opt-out choices at the following websites:

NAI Website

DAA Website

Security

We take reasonable and appropriate measures to help keep information secure and to help prevent it from becoming disclosed. Even though we follow reasonable procedures to try to protect the information in our possession, no security system is perfect so we cannot guarantee, and you should not expect, that your information will be secure in all circumstances.

Choice

We do not collect, use, or disclose your Personal Account Information in any ways or for any purposes that are materially different from those set forth herein. However, if we wish to do so in the future, we will obtain your consent first, and offer you the choice to opt-out of such collection, use, or disclosure.

Data Quality, Access, and Rectification

We will make reasonable efforts to ensure your Personal Account Information is accurate and complete and we will update or correct your information as needed when notified by you. In addition, you can manage your Personal Account Information through your Anamaya account. If you would like to request access to your personal information, request to verify your personal information, identify any inaccuracy in your personal information, or change your personal information in any way, please contact us.

Users in the European Economic Area have the additional rights to request erasure of, restrict the processing of, or object to certain processing of their personal information, as well as to data portability. Please contact us, or our EU Representative, at the contact information listed below if you wish to exercise these rights.

Retention

We will keep your Personal Account Information in active files or systems as long as needed to meet the purposes for which it was collected or to fulfill the other purposes outlined herein.

International Transfers

This website is hosted in the United States. Accordingly, by providing your Personal Account Information through our Services, you consent to the transfer of your information from your country of residence to the United States. With regard to data transfers from the European Economic Area to the U.S., we have self-certified to the EU-U.S. Privacy Shield Framework as more particularly described below. We may also engage service providers or business partners located in other countries, who may receive your information, all in accordance with this privacy policy and applicable law. Those countries may offer less privacy protection than your country of residence, and in certain instances your personal information may be accessible by foreign courts, law enforcement authorities and national security authorities in those countries.

Privacy Shield

Anamaya SA complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. We have certified that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability with regard to all personal information received from the EU in reliance on the Privacy Shield. We have put in place appropriate contractual safeguards and procedures with the third parties with whom we share your personal information but in cases of onward transfer to third parties of personal information of individuals received pursuant to the EU-U.S. Privacy Shield framework, Anamaya remains potentially liable. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, please visit https://www.privacyshield.gov.

In compliance with the Privacy Shield Principles, we commit to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding this privacy policy should first contact us at info@anamaya.com. We have further committed to refer unresolved Privacy Shield complaints to our independent recourse mechanism the International Centre for Dispute Resolution® of the American Arbitration Association® (ICDR/AAA), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit the ICDR/AAA for more information or to file a complaint. The services of the ICDR/AAA are provided at no cost to you. In addition, in certain circumstances as a last resort, individuals may be able to invoke binding arbitration through the Privacy Shield panel. Lastly, we are also subject to the investigatory and enforcement powers of the Federal Trade Commission and any other authorized U.S. statutory body.

Other Sites

As noted above, this Privacy Policy only applies to our Services. Our Services may include links to other sites, but Anamaya does not control the privacy practices of other sites. Anamaya is not responsible for the privacy practices of other websites.

Changes to this Policy

Anamaya may change its Privacy Policy from time to time. Any updated policy will be posted on this page and the effective date of the updated policy will be indicated at the top of the page.

How We Communicate with You

If you have any questions about our Privacy Policy, you can contact us by emailing us at info@anamaya.com. If we need, or are required, to contact you concerning any event that involves your information, you agree that we may do so by email, telephone, or mail.

Miscellaneous

Do Not Track Signals: Some web browsers and devices allow you to broadcast a preference that your activities online not be “tracked”. At this time, our Services do not take action in response to “do not track” signals.


Children: We do not provide products and services to children. We do not knowingly collect or solicit information from children under the age of 13.

If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed personally identifiable information to us, please contact us at info@anamaya.com.

A parent or guardian of a child under the age of thirteen (13) may review and request deletion of a child’s personally identifiable information as well as prohibit the use thereof. If we become aware that a child under 13 has provided us with personal information, we take steps to remove that information and terminate the child’s account.

Your California Privacy Rights: Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third-parties to which the company has disclosed certain personally identifiable information as defined under California law during the preceding year for third-party direct marketing purposes. 
Anamaya does not disclose personally identifiable information to third-parties for their direct marketing purposes.

Changing and Deleting: You may access your Personal Account Information through your profile on our Services and delete, change, or modify that information. However, we cannot guarantee comprehensive deletion or modification of information provided to our Services. For additional assistance with modifying or deleting information provided to our Services, contact us at info@anamaya.com.

Direct Mail: To opt-out of receiving our direct mail or catalogs, you may send us an email at info@anamaya.com or call us at 866-412-5350.

Questions or Complaints

Should you have any questions or complaints regarding our Privacy Policy, please feel free to contact us at info@anamaya.com. If we cannot resolve your question or complaint to your satisfaction, you have the right to file a complaint with the competent data protection Supervisory Authority in your jurisdiction.