TERMS AND CONDITIONS
YOU ACKNOWLEDGE THAT YOU READ, AGREE TO AND ACCEPT, THE
For anyone reviewing the information provided by any third party to VICTORIOUS INTERNATIONAL on this Site, the majority of the information, content and material set forth on the pages of this Site can be from third parties and contain the representations and opinions of those third parties, who are not affiliated with VICTORIOUS INTERNATIONAL, and are not intended to be views or positions of VICTORIOUS INTERNATIONAL Any such representations of positions about VICTORIOUS INTERNATIONAL are not intended to be relied upon as fact since they may be subject to change, and do not serve as any substitute for consultation, advice, or encouragement to proceed with any purchase or sale on this website. All viewers are expected to conduct further due diligence before making any purchase or proceeding with any transaction. In no event shall VICTORIOUS INTERNATIONAL be liable for any loss or damage whatsoever, including without limitation any direct, indirect, special, incidental, punitive, or consequential loss or damage, arising from or out of or in connection with any data and privacy matters arising out of or in connection with any such reliance on a third party with any independent transaction conducted on this website. VICTORIOUS INTERNATIONAL makes no representation or warranty as to the reliability, accuracy, timeliness, usefulness, adequacy or suitability of the information regarding any such third-party requesting your information that is not VICTORIOUS INTERNATIONAL.
VICTORIOUS INTERNATIONAL is a company engaged in creating content that delivers education with confidence and inspiration, marketing, executive/team coaching and professional development services to educators, professional sports teams, fortune 500 companies, small businesses and non-profit organizations around the world. Our mission is to empower people, not only through inspiring stories but creating and delivering content in order to facilitate lasting change. Through the Site, Users can engage with the principal(s) of the Company, purchase merchandise (via shipping in ecommerce); purchase event tickets, pay for coaching engagements; receive online coaching and motivational sessions, view podcasts, and more. All data collected is related to these Business Purposes.
VICTORIOUS INTERNATIONAL is committed to protecting the privacy of our users of our Site and Services. It is Company policy to comply with applicable privacy laws and in the event your personal information is provided and used, to use your personal information consistent with the parameters of providing the Site and Services, to enhance your experience with the Site and Services, and to improve the Site and Services. We do not sell, lease, or rent our customer lists to third parties and we do not sell any personal data. Furthermore, by voluntarily providing your email address, you are subject to receive email notifications and/or news from sponsors. It is your obligation to select the option to decline receipt of emails, news, or other emails from us or any sponsors; otherwise, you can receive email notifications and advertisements. If you as the user decide on Your own accord to respond to an advertisement to a company, any privacy interest you wish to protect may be at risk. Such action constitutes no affiliation with VICTORIOUS INTERNATIONAL; instead, we will disclaim responsibility. Per this agreement, we do not have responsibility for those terms and no recourse is found through VICTORIOUS INTERNATIONAL. Otherwise, it is VICTORIOUS INTERNATIONAL policy to only disclose your personal information as authorized and/or as required by applicable law.
1. Types of Information Collected
In order to better provide you with our Site and Services, we collect two types of information about our users: personally identifiable Information and non-personally identifiable information. Some Users will submit their personally identifiable information in order to be a participant on the Site. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our Site and Services. Furthermore, it enables us to give you convenient access to our Site and Services and focus on categories of greatest interest to you. In addition, your personally identifiable information helps us keep you posted on the latest announcements, special offers, and market events that you might like to hear about to assist with a home purchase or sale in the real estate market.
Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this site, such as registering for a membership, completing an application, submitting content and/or registering for tickets or engagements on the Site, engaging in discussion forums or other public areas, entering a contest or sweepstakes, filling out a survey, ordering product from us and processing that order, or sending us feedback, we may ask you to provide certain information about If you.
It is completely optional for you to engage in these activities, elect to engage in these activities, however, we may ask that you provide us personal information, such as:
- First name and surname
- Delivery address (street, house number, post/zip code and city)
- [Optional] billing address (street, house number, post code and city)
- Telephone number
- [Optional] date of birth
- E-mail address
- IP address and other personal identifying information.
When registering on this Site or receiving services from any of the Site and Services provided, you may be asked to provide a credit card number. We use this Personal Information to process your orders and to answer queries regarding your order. We use your favorites, overview of orders and reviews to gain insight into the products you prefer. The grounds for processing we use are the implementation of the agreement that we have made with you, the fulfillment of our legal obligations and our legitimate interest in gaining insight into the product preferences of our customers. This allows us to adjust the range of products we sell to meet the preferences of our customers. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity, purchase, or receipt of service.
Non-personally Identifiable Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit, purchase, and/or use of Site and Services in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the Web site’s Uniform Resource Locator (“URL”) that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol (“IP”) address. A URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (“TCP/IP”) network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet. Further, purchasing Applications for mobile devices as an aspect of the Site and Services may involve access to the same information if/when it is demanded and tracked
2. Collection Methods and Use of Information Aside from what you provide about your purchases and upon registration for your account with VICTORIOUS INTERNATIONAL, we do not collect any additional forms of Personally Identifiable Information about you unless you voluntarily provide it to us. As stated, you provide certain Personally Identifiable Information to us when you: (a) register for our Site and Services and register your email address with us; (b) disclose your home address and aspects about yourself upon purchasing products; (c) sign up for special offers; (d) send email messages, submit forms, or transmit other information through this Site (whether email, telephone, etc.); (e) disclosing information about your fitness and health goals (i.e., gain weight, lose weight, increase energy, improve sleep, joint relief, heart health, etc.); or (f) submit your credit card or other payment information when paying VICTORIOUS INTERNATIONAL for products through third-party payment applications (as further described below). We may also collect information from you at other points on our Site that state that such information is being collected, which may include browsing history, subscribing to email lists or newsletters, contacting customer service personnel, and cookie tracking information.
3. Release of Information
We do not sell, trade, or rent your Personally Identifiable Information to others other than the Group Companies; thus, any information released to third parties is at your will and because you disclosed it on our Site due to your desire to purchase products, learn more about personal development and health and fitness, and how to achieve your goals and achieve a healthier lifestyle both physically and mentally. We may provide some of our Site and Services through contractual arrangements with affiliates, service providers, partners and other third parties. We and any of our service partners use your Personally Identifiable Information to operate our Site and Services and to deliver those services. For example, we may release your address information to the delivery service to deliver products that you ordered; and provide order information to third parties that help us provide customer service.
We will encourage our service partners to adopt and post their own individual privacy policies. However, as stated above, the use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.
We may disclose your Personally Identifiable Information to a third party in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, including in connection with any bankruptcy or similar proceedings.
Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
We may also provide Non-personally Identifiable Information about our customers’ sales, patterns, and related site information to third-party advertisers, but these statistics do not include any Personally Identifiable Information and are anonymized and de-identified analytics.
4. Updating and Correcting Information
We believe you should have the ability to access and edit the Personally Identifiable Information that you have provided to us. You may change any of your Personally Identifiable Information in your account online at any time by linking to your account in accordance with instructions posted elsewhere on this site. You may also access and correct your personal information and privacy preferences by writing us at:
VICTORIOUS INTERNATIONAL LLC
301 West Platt Street, Suite 164
Tampa, Florida 33606
email: [email protected]
Please include your name, address, and/or email address when you contact us.
We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on this site. In addition, it may be impossible to completely delete your information without some residual information because of backups.
5. User Choices on Collection and Use of Information We may, from time to time, send you email regarding our Site and Services. In addition, if you indicated upon registration of any account with Company that you are interested in receiving offers or information from us and our partners, we may occasionally send you direct mail about products and services that we feel may be of interest to you. Only Company (or agents working on behalf of Company (and under confidentiality
agreements) will send you these direct mailings and only if you indicated that you do not object to these offers. If you do not want to receive such mailings, simply tell us when you give us your personal information. Or, at any time you can easily edit your account information to no longer receive such offers and mailings.
We also may disclose Personally Identifiable Information collected via third-party cookies embedded in the website, when you give consent for the use of those cookies, described in more detail in our Cookies Policy, identified below in Paragraph 7. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our site may not work properly in your case (to the extent cookies are collected). Otherwise, We may disclose your Personally Identifiable Information to third-party service providers so that they may provide us with services such as payment processing, website hosting, professional services, including information technology services and related infrastructure, customer service, e-mail delivery, auditing and other similar services necessary to the Site and services you request. We use your e-mail address to send the emails and potential newsletters once you’ve provided express permission for this. You can unsubscribe from receiving emails or newsletters by clicking the unsubscribe link in the newsletter or by withdrawing permission in your account at any moment. We use your click behavior to determine which parts of the newsletter interest you. We use this information to compile our product offer on the site. We process your click behavior based on our legitimate interest in gaining insight into the product preferences of our customers.
6. Retention and Security of Information Retention
We store your Personally Identifiable Information only for as long as required to achieve the objectives that your data has been collected for. We don’t store data outside of the continental and contiguous United States of America. The retention period that we adhere to is stated below for each processing.
a. Order On The Website
We’re legally required to store your data for seven (7) years.
b. Ordering When Using An Account
We’re legally required to store your data for seven years. In addition, we store your data as long as your account is active. After removing your account, we’ll only store your data for as long as is legally required. If this isn’t the case, the data will be removed immediately.
c. Browsing The Website
We store your visitor (i.e. User) data for at least 26 months, after which the data is prepared for deletion or removed sooner unless otherwise requested.
d. Newsletter and Advertising Subscriptions
We store your consent to receive newsletters or advertising communications for two years. We also store your request to cancel your newsletter subscription for two years.
e. Customer Service
We keep customer contact notes for as long as you are an active customer with us. A telephone conversation can be recorded for training and analysis purposes. We have a legitimate interest in using these interactions to improve our customer service. We store the telephone calls pursuant to our data collection practices.
At any of our Site and Services, you can be assured that your Personally Identifiable Information is secure, consistent with current industry standards. The importance of security for all Personally Identifiable Information associated with our user is of utmost concern to us. Your Personally Identifiable Information is protected in several ways.
Access by you to your Personally Identifiable Information is available through a password and unique customer ID selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone. In addition, your Personally Identifiable Information resides on a secure server that only selected Company personnel and contractors have access to via password. We encrypt your
Personally Identifiable Information and thereby prevent unauthorized parties from viewing such information when it is transmitted to us. Until otherwise noticed to the contrary, VICTORIOUS INTERNATIONAL Stores all data within its third-party CRM database (currently KEAP by infusionsoft). Personal information that you provide that is not Personally Identifiable Information also resides on a secure server and is only accessible via password. Since this information is accessible from outside Company, you may be asked to select a password in order to view or modify such information (if the Site possesses such features).
Unfortunately, no security system or data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. Accordingly, we cannot guarantee the security of your personal information and cannot assume liability for improper access to it. The internet is not a secure medium and you acknowledge and agree that the privacy of your e-mail communications and Personally Identifiable Information can never be guaranteed as any email communication, order, purchase, or posting may be lost, intercepted, altered, or hacked. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. Moreover, as indicated above, you are subject to the privacy and data security terms and conditions of third parties when you access those sites and engage in any monetary transactions through the use of those third parties, even if there is a business relationship or business affiliation with Company.
Further, in the event any of our Site and Services are connected in any way to “hyperlinks” to other websites, you acknowledge and agree that Company makes no representation, warranty, covenant, or claim regarding Company, and Company expressly disclaims and denies any responsibility or liability for, directly or indirectly, the privacy practices on any third-party website or resources accessible by hyperlink form from any of our Site and Services. You agree that the inclusion of any such hyperlink does not suggest, represent, warrant, covenant or imply that Company monitors, endorses, or exerts any control over such Site and Services whatsoever. You agree that Company provides these hyperlinks to you, if any, only as a convenience, and the inclusion of any hyperlink does not suggest, represent, warrant, covenant or imply affiliation, endorsement, ownership, or adoption by Company of any such website or linked resource whatsoever.
7. Analytics and Cookies
We don’t have to request your permission to set up and read certain cookies. This applies to:
- Cookies that allow you to communicate via the internet;
- Cookies that are required for using the functionality of the website;
- Analytical cookies that have little or minimum impact on your privacy.
For advertising and marketing cookies we request your permission before we set them up and read them. We do this via the cookie statement in our website, where it states that you can accept advertising and marketing cookies by clicking further on web pages within our website. If you don’t accept the advertising and marketing cookies then you can state this by clicking on the relevant link in the cookie statement and making a choice. You can always withdraw your choice by adjusting your cookie preferences.
VICTORIOUS INTERNATIONAL may use an outside ad serving company to display banner advertisements on its Site. As part of their service, they may place a separate cookie on your computer; hence, a cookie opt-in or opt-out capability option will be available on that site. We will not provide any third-party ad server with any of your Personally Identifiable Information or information about your purchases. We and our third party ad server will collect and use Non-personally Identifiable Information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server and whether you responded to a particular ad. Other advertisers may also place banner ads on our site in the same manner as above, but we will not disclose any Personally Identifiable Information to them.
8. CALIFORNIA PRIVACY RIGHTS; NEVADA RESIDENTS; RESIDENTS OF THE EUROPEAN UNION; AND ONLINE TRACKING
California Civil Code Section 1798.83 permits Users that are residents of California to request and obtain from us once a year, free of charge, a list of all third parties to which the company has disclosed certain personally identifiable information as defined under California law for such third parties’ direct marketing purposes in the preceding calendar year. If you are a California resident and would like to make such a request, please email us or write us at the address noted below. The California Online Privacy Protection Act (“CalOPPA”) requires VICTORIOUS INTERNATIONAL to disclose how it responds to ‘Do Not Track’ signals set in a user’s browser. VICTORIOUS INTERNATIONAL supports Do No Track browser settings. If you enable Do Not Track privacy settings in the browser you are using, we will use commercially reasonable efforts to stop collecting the information that allows us to tailor the website to user preferences based on users recent use of this website and its services. Consequently, we will not store or use information about any other websites you visit, other than our website.
Further, effective January 2020, for the purposes of the California Consumer Privacy Act of 2018 ("CCPA"), this statute was put into legal effect. VICTORIOUS INTERNATIONAL shall not be considered a Business and/or Third Party, as applicable under the CCPA at that time. Where this status changes and VICTORIOUS INTERNATIONAL acts as a Business and/or Third Party, you represent, warrant and covenant that all Personal Information provided or otherwise made available to VICTORIOUS INTERNATIONAL is done so in compliance with applicable law, and that it has provided all necessary and appropriate notices and opt-outs, and otherwise has all necessary and appropriate rights, to enable VICTORIOUS INTERNATIONAL to (i) share any and all Personal Information you provided with VICTORIOUS INTERNATIONAL and any parent, subsidiary, affiliate, or related company of the VICTORIOUS INTERNATIONAL Group Companies, and (ii) use any such Personal Information in connection with any and all VICTORIOUS INTERNATIONAL Group Companies; internal operations and functions, including, but not limited to, improving such VICTORIOUS INTERNATIONAL Group Companies; products and/or services, operational analytics and reporting, internal financial reporting and analysis, audit functions and archival purposes. Notwithstanding the foregoing, the parties agree that the sharing of Personal Information between VICTORIOUS INTERNATIONAL Group Companies does not constitute a "sale"; of such Personal Information under the CCPA. Capitalized terms in this paragraph have the meanings given those terms under the CCPA.
A. Personal Information Collected
Below is a summary of the Personally Identifiable Information VICTORIOUS INTERNATIONAL has collected in the preceding twelve months, the source of the information, the purpose of information collection, and how we share it as defined and outlined in California Law.
Categories of Information Collected and Examples
Name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name or other similar identifiers
Personal information under California Civil Code section 1798.80
Name, signature, physical characteristics or description, address,
email address, telephone number, education, employment, employment history, bank account number, credit or debit card number or other financial information
Protected classifications under California and Federal Law
Race, religion, sexual orientation, gender identity, gender expression, age
Records of personal property, products or services purchased,
obtained, or considered, or other purchasing or consuming histories or tendencies
Internet or other similar network activity
Browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement
Geolocation data Physical location or movements Inferences
Preferences, characteristics, psychological trends, predispositions, behavior, attitudes
How We Collect Information
Information You Provide to Us
For example, user information, financial information or self-reported information that you choose to submit or provide to us, as described in Section I above.
Information We Collect From Your Use of the Site
For example, data, device and log-in information, geolocation Information, or cookie information, as described in Section I above.
Information from Vendors or Third-Parties
For example, companies that work with us to market our products
Purpose of Information Collection
We collect Personal Information to provide you with the Site, to communicate with you, to fulfill your order, to answer queries, to gain insight into consume preferences, and to improve our Site, as described in Section I above.
How We Share Personal Information
We share Personal Information to perform services for you, in connection with corporate transactions or events, and to comply with applicable law, as outlined in Section IV above. VICTORIOUS INTERNATIONAL does not sell personal information.
B. California Residents’ Privacy Rights
Under California Laws, California residents have the following rights (“Rights”) listed below. Your Right to Access and Right to Deletion are not absolute and are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personally Identifiable Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personally Identifiable Information, your account with us, or the security of the business’s systems of networks.
(I). Disclosure & Access Rights
California residents have the right to request that VICTORIOUS INTERNATIONAL disclose to them (i) the categories of Personally Identifiable Information we have collected about them, (ii) the categories of sources from which personal information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third parties with whom we have shared personal information, and (v) the specific pieces of personal information we hold about an individual.
(II). Deletion Rights California consumers have the right to have their Personally Identifiable Information deleted, unless the Personal Information is necessary for the business or service provider to:
- complete a transaction for which the Personal Information was collected, provide a good or service requested by the consumer or otherwise perform a contract between the business and the consumer;
- detect security incidents;
- protect against malicious, deceptive, fraudulent or illegal activity (or prosecute those responsible);
- debug to identify and repair functionality errors;
- exercise or ensure the right of another to exercise free speech or another legal right;
- comply with the California Electronic Communications Privacy Act, which compels the production of or access to electronic communication information or electronic device information with a search warrant;
- engage in research in the public interest (if the consumer has provided informed consent);
- to enable solely internal uses aligned with the consumer's expectations given their relationship with the business; comply with a legal obligation;
- otherwise use the information internally in a lawful manner compatible with the context in which the consumer provided it.
(III). Opt-Out of Selling Your Personal Information to Third Parties
Californian consumers have the right to opt-out of having their personal information sold to third parties. VICTORIOUS INTERNATIONAL does not engage in such sales of personal information.
(IV). Exercising Access, Data Portability, and Deletion Rights Californian consumers have the right to opt-out of having their personal information sold to third parties or to be retained by VICTORIOUS INTERNATIONAL. VICTORIOUS INTERNATIONAL does not engage in such sales of personal information. To exercise the access, data portability, and deletion rights described above of your personal information (Personally Identifiable Information), please submit a verifiable consumer request to us by submitting a request to: [email protected]nto.com. Alternatively, you can complete the online request form located here https://www.victornick.com/. Only you, or someone legally authorized 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.
If you use an authorized agent to exercise your rights, we will require you to provide your authorized agent with either: (1) your power of attorney authorizing the authorized agent to act on your behalf or (2) your written authorization permitting the authorized agent to request access to your personal information on your behalf together with the identity verification information for you described above and confirm that you have provided the authorized agent permission to submit the request. 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, which may include describing 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. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
(V). 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 90 days), 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 the request would exceed one (1) hour to complete. In the event the request will exceed an hour to complete, we will notify you before continuing with the request with the estimated time it will take to complete and the total estimated fee. The fees may be less than the estimated amount but may not exceed the estimated amount. No fees will be assessed without prior acknowledgment and consent. This acknowledgment or consent may include verbal or written authorization. The acknowledgment and consent will be documented on the summary of fees when the request has been completed.
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.
(VIII). Other California Privacy Rights Under California Civil Code sections 1798.83-1798.84, also known as the “Shine the Light Law,” any of our users who are California residents are entitled to request and receive one (1) time per calendar year, free of charge, a notice from us describing what categories of personal customer information (if any) we shared with third parties or corporate affiliates for their direct marketing purposes during the preceding calendar year. If applicable, the notice will identify the categories of information shared, the names and addresses of the third parties and affiliates with which information was shared. If you are a California resident and would like to request a copy of this notice, please submit a written request to the following address: VICTORIOUS INTERNATIONAL, Attn: Customer Support Specialist, 301 West Platt Street, Suite 164, Tampa, Florida 33606. In your request, please specify that you want a “California Privacy Rights Notice.” Please allow at least thirty (30) to forty-five (45) days for a response.
Nevada law entitles you to request that we refrain from sale of your personal information to other entities, for purposes of resale. We do not engage in such sales of personal information.
RESIDENTS OF THE EUROPEAN UNION
Where Processor is Processing in order to deliver the Site and Services, including shipping products sold by VICTORIOUS INTERNATIONAL under the terms of the Agreement, the Parties acknowledge and agree that in respect of the Personally Identifiable Information that is being processed by VICTORIOUS INTERNATIONAL, as Processor, You are the Controller. Any third-party processing information hereunder is a SubProcessor.
When VICTORIOUS INTERNATIONAL collects Personally Identifiable Information (Personal Data) under the GDPR from citizens of the European Union (Data Subjects) in connection with the provision of the Services it shall provide notice to the Data Subjects, compliant to legal transparency principles. VICTORIOUS INTERNATIONAL will only process data on an approved legal basis in accordance with the GDPR for citizens of the European Union. When consent is used as a legal basis it will be collected in such form as reasonably specified by VICTORIOUS INTERNATIONAL and acceptable to Data Subjects. VICTORIOUS INTERNATIONAL shall retain Personal Data for a minimum of 2 (two) years; provided, however, Data Subjects have the right to opt-out of having their personal information sold to third parties or to be retained by VICTORIOUS INTERNATIONAL Written notice provided to, and the written, electronic consent obtained from, each individual Data Subject to opt out shall be tendered to VICTORIOUS INTERNATIONAL Please submit a written request to the following address: VICTORIOUS INTERNATIONAL, Attn: Customer Support Specialist Department, [email protected]
In cooperation with a Data Subject’s rights, Contractor shall, taking into account the nature of the processing, provide reasonable assistance to Data Subjects insofar as this is possible, to respond to requests from a Data Subject seeking to exercise their rights under the GDPR and the related data protection laws. In the event that such request is made directly to VICTORIOUS INTERNATIONAL, VICTORIOUS INTERNATIONAL shall notify Data Subject as soon as reasonably practicable, and in any event within 1 (one) to thirty (30) business days, of receiving any such request from a Data Subject.
We make no promise that materials on the Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Site from locations outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
9. Privacy Policies of Third Party Sites
10. Miscellaneous Privacy Issues
VICTORIOUS INTERNATIONAL, LLC
301 West Platt Street, Suite 164
Tampa, Florida 33606
You may also contact us by email at: [email protected]
12. Payments; Payment Card Industry Data Security Standard (PCI-DSS)
(I) Payment Obligations. For Services offered on and through the Site, it shall be conducted through Wave and Stripe payment processing platforms (“Third Party Payment Platforms”), which are third party payment companies; therefore, you will be subject to those policies found on their individual websites and platforms, and are incorporated herein by reference. Payment for using the Site and Services shall be a one-time payment upon registration in the Third Party Payment Platforms.
a. Payments will be billed to you in U.S. dollars (plus any and all applicable taxes), and your account will be debited (including any applicable taxes) when you subscribe and provide your Third Party Payment Platform with your payment information to, unless stated otherwise in the program ordering or payment terms on the website for the Services.
b. You must pay with one of the following:
1. A valid credit card acceptable;
2. A valid debit card acceptable;
3. Sufficient funds in a checking or savings account to cover an electronic
debit of the payment due; or
4. By another payment option VICTORIOUS INTERNATIONAL provides to you in writing.
c. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
d. If you do not notify the proper Third-Party Payment Platform of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
e. VICTORIOUS INTERNATIONAL will automatically maintain your Account with the Site and Services (as applicable) so long as the User is then-current with all payments required, unless the Services subscription are cancelled or terminated under this Agreement.
f. Additional cancellation or renewal terms may be provided to you on the website for the Services.
(II) Use With Your Mobile Device. Mobile access to the Site and Services requires an active registration with VICTORIOUS INTERNATIONAL, internet access, and may not be available for all mobile devices or telecommunication providers. You will need to check the Site and Services on the VICTORIOUS INTERNATIONAL website to ensure your mobile device and telecommunications provider is compatible with the Site and Services. VICTORIOUS INTERNATIONAL is not obligated to provide a compatible version of the Site and Services for all mobile devices or telecommunication providers, which are subject to change by VICTORIOUS INTERNATIONAL at any time with reasonable notice to you. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
VICTORIOUS INTERNATIONAL MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
i. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR
PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY
ii. ANY LOSS, DAMAGE, OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
iii. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
VICTORIOUS INTERNATIONAL is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law. You confirm and acknowledge that VICTORIOUS INTERNATIONAL will not be responsible for any fines or penalties that may be levied as a result of information provided to Intuit which may be inaccurate, incomplete or otherwise untimely.
(a) Product Purchases; Electronic Payments and Payment of Sales
Tax. Through the Site and Services, all product purchases are at the amounts set forth on the day of purchase. The amount of sales tax owned shall be calculated based on the United States tax rates federal, local, and state (the “Tax Rate”), and the location you are located in upon payment (the “Tax Location”) and other settings you have selected upon making any payment to VICTORIOUS INTERNATIONAL You are required to pay the applicable federal and/or state taxing authorities as applicable to you. By using the Electronic Payments services, you understand and agree that your account will be charged in the amounts owed for the sales tax calculated. In any event where sufficient funds were not unconditionally cleared into VICTORIOUS INTERNATIONAL accounts when due, VICTORIOUS INTERNATIONAL may immediately do any or all of the following: (i) notify you that it will not be able to process payments, or (ii) terminate your use of the Site and Services.
a. If VICTORIOUS INTERNATIONAL is given notice that any amount payable by you is dishonored or returned for any reason, such as but not limited to, non-sufficient funds, account closed, inability to locate the account, or reversal by you and/or your bank, VICTORIOUS INTERNATIONAL may: (a) refuse to perform further electronic payments Debits, (b) initiate another debit in substitution for the dishonored debit until the debit is honored and to initiate separate debits to cover any NSF fee or dishonored payment fees, (c) charge you a one-time insufficient funds penalty fee for each occurrence, (d) report this information to any and all credit agencies and/or financial institutions, and/or (e) immediately terminate your account and access to the Site and Services. If further collection attempts are required, all collections costs will be charged to you, including but not limited to any costs associated with termination of your account, and attorney fees, where permitted by law.
12. Electronic Signatures.
As part of the electronic payments or signing documents for certain transactions on the VICTORIOUS INTERNATIONAL Site, we may require you to provide your electronic signature to certain forms or documents required by VICTORIOUS INTERNATIONAL or state/federal regulatory agencies. Required forms vary depending on your purchases, subscription, and/or location. Such forms will be made available to you if required. Your signature may be required where requested, which, failure to execute may prevent you from further use of the Site and Services and/or consummating any transaction contemplated by your use of the Site and Services. Copies of signed forms will be provided to you (if applicable). Your signature will be effective as the date it is made unless any such executed documents indicate otherwise.
The Site is not intended for anyone under the age of 18 or anyone classified as Minor under the law. We will not knowingly collect any Personally Identifiable Information from children under the age of 13. If we learn that we have obtained any Personally Identifiable Information about a child under age 13, we will delete that information.
We strive to use reasonable safeguards to help prevent loss, misuse, and unauthorized access, disclosure, or modification of Personally Identifiable Information provided or collected through the Site. However, no system is perfect or can guarantee that unauthorized access or theft might not occur.