Privacy Policy

1. SCOPE OF PRIVACY POLICY

Vital Media Network™ Inc. d/b/a Vital MTB® and Vital MX® is committed to protecting your privacy in conjunction with the use of its websites, VitalMediaNet.com, VitalMTB.com and VitalMX.com, and apps (collectively, the “Site”).  This Privacy Policy describes, among other things, the types of information collected about you when you visit our Site, how your information may be used and disclosed, how you can control the use of your information, and how your information is protected.  It shall be interpreted in conjunction with our Terms of Service.

By using our Site and/or Service (as defined in the Terms of Service), you consent to the worldwide, perpetual collection, transfer, manipulation, storage, disclosure and other use of your information as described in this Privacy Policy.

Please note that any content you submit via our webpage which is personally identifiable information may be used, disclosed and retained by us in accordance with the terms of this Privacy Policy.  Additionally, when you post a comment on our Site, or on one of our public forums, in addition to the content that you post, other users will be able to view your username, and the city, state and country associated with your user profile.

2. INFORMATION COLLECTED BY US AND ITS USE

You are not generally required to provide information about yourself when you visit our Site.  However, should you wish to register for certain services, access certain content, or directly contact the Site, you may be asked for some or more of the following information:

  • Contact information, such as your name, email address, postal address, zip code, phone number, and other related information
  • User name, password, and password hint questions
  • Location/domicile
  • Age and date of birth
  • Information for maintaining a public profile
  • Information related to any other correspondence you send to us, including the contents thereof

We will use certain information you provide, such as your email address and telephone number to validate your account.  Your city, state and country will be displayed in your public user profile and alongside your posts.  Your email address may also be used by us when you have contacted us to request to reset your password, when you have opted in to receive newsletters, and when you have opted in to receive various notifications from us (these notifications may include, without limitation: messages from other users, and replies to your comments).  You may be able to enable or disable certain notifications within your account settings.  However, you cannot disable notifications for transactional messaging, such as messages concerning your account, Contest entries, or purchases.

We conduct surveys on an annual basis.  Should you choose to respond to any of our surveys, you will be asked to enter basic demographic information, namely: gender, marital status. Age range, number of children under 18, education level, household income, and the country and state in which you reside.  This information is aggregated and deidentified.  We post the results of our surveys publicly on our Site.  As an incentive for your participation in the survey, we may offer a giveaway via random drawing.  If you wish to participate in the giveaway, we will ask you to provide your email address, which we will use to contact you in the event that you have won.

In addition, should you wish to use certain of our services, you may be asked to provide the following:

  • Payment verification information, such as credit or debit card number, security code and date of expiration
  • Social security number or comparable national identifier
  • Other information as related to processing your payment and confirming your payment information, age and location, such as a photo of your driver’s license

Finally, should you win any of our contests, you may be asked to provide the following:

  • Relevant information about yourself needed to assist us in marketing future contests
  • Information required to remit payment to you
  • Information required to provide the proper tax forms related to your winnings

3. INFORMATION COLLECTED AUTOMATICALLY IN CONJUNCTION WITH THIRD PARTIES

The following information may be collected automatically from all visitors to the Site by either us or third parties acting on our behalf and may be used for internal customer tracking and business purposes, as well as any other purposes to support our business and comply with matters of law:

  • Your browser type and operating system
  • Your Internet Protocol (“IP”) address
  • Sites you visited before and after visiting our Site
  • Web pages and advertisements you view and links you click on from our Site
  • Other unique identifiers, including mobile device identification numbers that can identify the physical location of your device in accordance with applicable law
  • Information collected through cookies, web beacons and other technologies
  • Standard server log information
  • Frequency or number of site visits
  • Other information collected naturally by Google Analytics and similar programs

At some points, our Site will transmit the state the device you’re located in, so that we can determine if you are in a state where Vital Media Network is legal to use. 

4.  HOW WE STORE YOUR INFORMATION

Your email address, telephone number, user name, residence address, city, state, zip code, date of birth, first name, and last name are stored in our backend database for so long as you maintain an active account.  We retain this information as part of our identity verification for the user.

Although you will be asked to provide credit or debit card information to use certain of our services, this data is not collected by us, but is sent directly to our banking vendor.  This information does not pass through our code or databases, and we do not store any payment card information on any of our systems.  Our banking vendor provides us with a verification token. We store that token in our backend database, so long as a user maintains an active account, so that we can conduct transactions with the user.  It is your obligation to update your payment card information, in the event of a change, to avoid uninterrupted use of our service.

5. HOW WE SHARE AND DISCLOSE YOUR INFORMATION

We only use payment and identity verification information (such as credit card numbers, driver’s license numbers and social security numbers, or comparable national identifiers as necessary): for completing particular transactions; if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to protect the intellectual property rights of others; to address fraud, security or technical issues; or to protect our rights or property.

All other information collected about you may be used for a wide range of other purposes, including to fulfill requests for services, to enable you to participate in contests and polls, to analyze the demographics of our customer base, to customize content and advertising to your needs, to improve our services, to contact you when you have opted in to receive certain messaging, to respond to and address customer service requests, to market our brand, contests and winners, to share with actual and potential sponsors for joint marketing purposes, to share with, or sell to, third parties to the extent permitted by law, to prevent potentially prohibited or illegal use of our Site and services or use of our Site and services in a manner that would violate the Terms of Service, and for any other purpose disclosed to you, or reasonably known by you, at the time we collect the information.

6. CHANGING AND REMOVING INFORMATION

If you choose to share information with us, you may have the opportunity to update that information on our Site or by contacting us at the following address: privacy@vitalmedianet.com.  If you ask us to shut down your account or delete your information, we will disable your account within a reasonable period of time.  Please note, however, that we may retain certain information about you to satisfy both our legal and security obligations.  For example, some of your information may remain in backup storage even if you ask for it to be deleted. In some cases you may be entitled under local laws to access or object to the processing of information that we hold relating to you.

7. PASSWORD PROTECTION

We are committed to protecting your information.  All password protected sections of the Site are encrypted with standard security measures. All user profiles and payment screens are password protected.

8.  CALIFORNIA USERS

The California Consumer Privacy Act (CCPA) which took effect on January 1, 2020, and the California Privacy Rights Act (CPRA), which took effect on January 1, 2023, are intended to protect the personal information of California consumers.  These laws have certain threshold requirements which a company must meet in order to be required to comply with their provisions.  Upon information and belief, as of the date set forth above, Vital Media Network does not meet those thresholds.  In the event of a change in our status, and if the data that you provide in the course of your use of our Site or services is governed by CCPA and/or CPRA, we will abide by the relevant portions of the Act.

If you are a resident of the state of California, you may have the right to: request disclosure of the personal information we have collected about you, and the types of third parties to whom it has been sold or shared; request a portable copy of your information; opt out from marketing messages or the sale of your information to third parties; opt out of sharing your information for cross-context behavioral advertising; opt out from use of automated decision-making; limit use and disclosure of sensitive personal information; request the correction of your personal information; and request deletion of your personal information.

If you are a California resident and wish to make any such requests, please contact us at the following address: privacy@vitalmedianet.com.  For all requests, you must put the statement “My California Privacy Rights” in the subject line of the request, as well as include your name, street address, city, state and zip code.  Inquiries related to your rights under applicable California laws may also be made by telephone at 833-547-8401.  Please note that we will not accept such requests via the mail or facsimile, and we are not responsible for notices that are not labeled or otherwise improperly sent, or which have other incorrect information.  Please note that Vital Media Network™ may not be obligated to comply with the provisions of these laws.

9.  OTHER COMPREHENSIVE STATE PRIVACY LAWS

As of the date of this Privacy Policy, the following additional states have adopted comprehensive state privacy laws which are enacted and in effect:  Colorado, Connecticut, Utah and Virginia.  If you are a resident of any of the foregoing states, depending upon whether such law applies to Vital Media Network™, you may be entitled to exercise the following rights:

  • To access your information.
  • To correct your information.
  • To delete your information.
  • To opt out of certain types of processing, such as for profiling/targeted advertising purposes.
  • To obtain a portable copy of your information.
  • To opt out of sales of your information.
  • To opt in to processing of your sensitive data.
  • To opt out of certain automated decision-making.
  • To limit the processing of your information.

To exercise any of the foregoing rights, you may contact us: (i) by sending an email to privacy@vitalmedianet.com; or (ii) by calling our Toll Free Telephone Number 833-547-8401.  Please note that we will not accept such requests via the mail or facsimile.  Please note that Vital Media Network™ may not be obligated to comply with the provisions of these laws.

10.  USERS IN THE EUROPEAN ECONOMIC AREA

The European Union’s General Data Protection Regulation (GDPR) took effect on May 25, 2018, and it is intended to protect the data of European Union data subjects.  If you are a resident of the European Economic Area (“EEA”), or are accessing this Site from within the EEA, you may have the right to request: access; correction; deletion; portability; and restriction or objection to processing, of your personal data, from us.  To make any of these requests, please contact: privacy@vitalmedianet.com.  For all such requests, you must put the statement, “My European Privacy Rights” in the subject of the request, as well as include your name, street address, city, country of residence and zip code.  Please note that we will not accept such requests via the telephone, mail or facsimile, and we are not responsible for notices that are not labeled or otherwise improperly sent, or which have other incorrect information. Please note that Vital Media Network™ may not be obligated to comply with provisions of the GDPR. 

11. INTERNATIONAL USERS

Our Site is hosted in the United States and is intended for and directed to users in North America.  If you are a user accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from the laws of the United States, please be advised that through your continued use of our Site, you consent to jurisdiction in the United States and exclusively United States choice of law pursuant to our Terms of Service.  Further, pursuant to U.S. law, this notice and our Terms of Service, you are hereby transferring your personal information to the United States and you consent to that transfer.

12.  OUR POLICY TOWARD MINORS

Our Site is not for the use of minors.   If we learn that we have collected personal information from anyone under the age of majority, we will delete that information as quickly as possible. If you believe that we might have any information from someone under the age of majority, please contact us at privacy@vitalmedianet.com.  In those instances where Vital Media Network™ has actual knowledge that it has collected information from a minor, it will comply with all applicable laws including the U.S. Children’s Online Privacy Protection Act, which applies to the collection of information from children under the age of 13.

13.  USER GENERATED CONTENT                                      

Certain aspects of our Site may enable users to submit their own content for contests, blogs, message boards and other function.  Publication of any such content is subject to our Terms of Service.  Please remember that any information you disclose, as well as any video and audio images you provide, becomes public information and thus you should exercise caution when considering what information to disclose in this manner.   When you post a comment on our Site, or on one of our public forums, in addition to the content that you post, other users will be able to view your username, and the city, state and country associated with your user profile. We cannot necessarily prevent such information from being used in a manner that may violate this Privacy Policy, the law or your personal privacy and safety.

14.  THIRD PARTY SITES

When you select a link to a third-party website (for example, if you link to register for a third-party event), you will be leaving our Site.  Any information that you disclose to a third-party site will be governed by that site’s privacy policy.

15.  MERGER, ACQUISITION SALE OR BANKRUPTCY

In the event that Vital Media Network™ is involved in a merger, acquisition, sale, bankruptcy, or other reorganization related transaction (e.g., insolvency, reorganization, assignment for the benefit of creditors, or any other transaction changing either ownership or control of the company), there may be a disclosure of your personally identifiable information to another entity that is related to that transaction or event.  We cannot control the manner in which that information is treated, transferred, protected, or used by such other entity.

16.  CHANGES TO THIS POLICY

We may change this Privacy Policy pursuant to the procedures outlined in our Terms of Service. Unless otherwise noted, our current Privacy Policy applies to all information that we have about you and your account. If we make changes to this Privacy Policy we will notify you by publication here. By continuing to access or use the Service after such changes take effect, you agree to be bound by the revised Privacy Policy.

17. QUESTIONS ABOUT THIS POLICY

If you have any questions regarding this Privacy Policy please contact us at privacy@vitalmedianet.com and we will make an effort to respond within a reasonable time period.  In addition, you may submit questions or comments using the postal address below:

Vital Media Network, Inc., c/o Brad McDonald, 17595 Harvard Ave. Suite C #4011, Irvine, CA 92614