Privacy policy

This website (“Site”) is operated by Actial Nutrition, Inc. (“Actial Nutrition”, “we”, “us”, “our”, or the “Company”). We respect your privacy and are committed to protecting it through our compliance with this Privacy Policy (the “Policy”).

This Policy describes our practices for collecting, using, maintaining, protecting, and disclosing information when you access and visit the Site, even if you do not purchase the products sold on it; or send or receive emails, texts and other electronic messages between you and us (“Electronic Communications”). This Policy does not apply to information collected by:

• us through any other means, including on any other website operated by us or any third party; or

• any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Site.

Please also read the Terms of Service as they also contain important information about the Site.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site and/or exchange Electronic Communications with us. By accessing or using this Site or otherwise interacting with us as provided in this Policy, you agree to the use and handling of the data as described in the Policy. This Policy may change from time to time (see ‘17. CHANGES TO OUR PRIVACY POLICY’), and we encourage you to review it regularly. Your continued use of the Site and/or exchanging Electronic Communications with us after we make changes to the Policy is deemed to be your acceptance of the changes.

 

1. WHO COLLECTS AND PROCESS DATA

We engage in various activities in relation to the handling of data collected and processed through the Site as the data controller.

For information regarding the processing of your personal data and/or to exercise the rights set out below, you may contact us by email at support@vsl3usa.com. You may also contact us by postal mail addressed to:

Actial Nutrition, Inc.

808 S Public Rd Ste 202

Lafayette, CO 80026

2. TYPE AND PURPOSE OF PROCESSING PERFORMED ON THE SITE 

The data we collect and process through the Site, including Electronic Communications, vary. We may process your data for various purposes and with different methods, as described below.

(a) Cookies - The data concerning your browsing of the Site are processed to ensure that the Site works properly and for marketing purposes.

The Site may use one or more of the following cookies:

Required Cookies - These cookies enable the Site to function correctly, allowing users to view its contents in the respective language and market from their initial visit. This is the primary purpose of these necessary/functional cookies. They can identify the user’s country of connection and ensure automatic redirection to the appropriate version of the Site for their country upon each visit. Additionally, they facilitate account creation, login, and order management. For registered users, the Site can recognize them when accessing services offered exclusively to registered users. Furthermore, these cookies can detect if users purchase products on the Site through affiliated or partner sites, enabling us to fulfill our obligations related to such partner sites (thus fulfilling our commitment linked to the purchase). These cookies are necessary for the Site’s operation. Although we employ cookies to track IP addresses, these cookies do not enable us to identify a user of the Site.

Analytic Cookies - These cookies are utilized to generate statistical analyses concerning how users navigate the Site, including the device used, the quantity of pages visited, or the number of clicks on a specific page during navigation. The outcomes of these analyses are processed anonymously and solely for statistical purposes. Therefore, the purpose of the processing is to produce statistical aggregated analyses regarding the usage of the Site.

Personalization Cookies - The Site utilizes targeting cookies, which enable the tracking of preferences observed during each visit. This allows for the creation of profiles that facilitate the sending of messages tailored to users' preferences and interests. For example, it may expedite the process of finding desired products or recommend similar items. These cookies may also enhance existing client profiles within our databases and enable us to offer personalized product recommendations. The primary purpose of this processing is analysis and profiling, with the legal basis being the user's consent.

Marketing Cookies - These cookies are employed by trusted first and third parties to showcase banner advertisements on affiliated sites (retargeting, featuring products recently viewed by users). As users navigate the Site, these cookies allow us to suggest other products that may be of interest to them or are similar to products that they recently viewed based on their browsing history. The purpose of this activity is marketing, with the legal basis being the consent provided by the user.

(b) Web Beacons or Tracking Pixels - A web beacon, or tracking pixel, is a small image file on a web page that may be used to collect certain information from your device for the purpose of keeping track of user behavior, web traffic, and site conversions. This information may include the IP address, time of access, browser, and identification of cookies. We, or our vendors, may utilize web beacons to track visitor statistics to the Site and manage cookies, as well as help determine advertisements on third-party platforms based on the activity tracked from the visitor’s browser or device to identify return traffic from third-party platforms such as social media applications, and for third-party web analytics.

(c) Log Files and Browsing Data - This information is sent automatically to us by your browser each time you visit the Site. The transmission of this information is not dependent on the presence or use of cookies and is unaffected by your opt-in or opt-out election concerning cookies. These logs may contain information such as the Internet domain from which you access the Site; the date and time you visited the Site; the areas of the Site that you viewed; your computer’s IP address that is automatically assigned when you log onto the Internet; the type of browser and operating system you use; the address of the Site you came from, if any; and the webpage addresses requested by or sent to you.

(d) Other tracking technologies - We or our vendors may also use other tracking technologies, including, but not limited to mobile advertising IDs, tags and scripts to collect information about your visits to the Site and your behaviour while on the Site. This information is used for improving user experience and to deliver targeted advertisements to you across the internet based on your site usage on the Site. They are also used to inform us or our vendors when an advertisement they run on another Site has been clicked on by users, and use that information to judge which advertisements are more appealing to users.

(e) Registration and Services - Any data that you voluntarily provide to us (including, but not limited to, your email address, personal details and information, the password you chose while filling in the registration form of your personal account with us, financial account information for purchases, or the data that were lawfully acquired in any other manner, including by telephone when you contact our Customer Support Team for information about our products or to make a purchase), are processed for acknowledging receipt of your requests, delivering the service you requested and providing you with all necessary assistance and information in relation to our products and services. All personal information you submit to us during registration must be true and accurate at the time of registration. Users are required to update their personal information if any changes occur by logging into their personal account online. 

(f) Location Data - We may utilize a feature that, when you access the Site by or through a mobile device or through your browser, accesses, collects, monitors and/or remotely stores location data, and may include GPS coordinates (longitude and latitude) or similar information regarding the location of your device. This data may be used to convey information about how you browse and use the Site, as well as to provide you with personalized information based on that location data. You may opt-in or opt-out of sharing location data from your device by adjusting the appropriate setting on the device.

(g) Communication to Third Parties - By giving your express consent, which is also obtained when you make a choice regarding cookies as detailed in our cookies banner, you allow us to transfer your personal data to the other companies within our corporate group and their commercial partners, in order to enable them to process your data for marketing purposes; namely, for sending you information and updates on products, sales, promotional campaigns, events and other initiatives promoted by us, through postal mail, telephone, newsletters, e-mails, text messages, MMS and smart messages, including WhatsApp. You can withdraw your consent to receiving newsletters and other communications in the following ways:

• Through your account settings;

• By clicking the “unsubscribe” link in any such email; or

• By contacting us at support@vsl3usa.com.

(h) Social Media Network Log-In - Please note that registration and access through a social media profile will involve the disclosure of certain personal data (including first name, last name, email and any other data relating to the user and present on the same Social Media Network). Therefore, we require your explicit permission before you log in to your personal account using the social log-in. In some cases, social networks require some feedback and information about the use of the social media network log-in. For more information please refer to the relevant privacy documentation on the social network.

(i) Marketing - By giving your express consent, which is also obtained when you make a choice regarding cookies as detailed in our cookies banner, you consent to our processing your data for marketing purposes, namely, for sending you information and updates on products, sales, promotional campaigns, events and other initiatives promoted by us, through postal mail, telephone, newsletters, e-mails, text messages, MMS and smart messages, including WhatsApp. Such communications might also include messages suggesting to complete purchases on hold, in the form of reminders on products viewed and abandoned carts, as well as communications aimed at verifying your satisfaction and the quality of service provided to you by us;

(j) Fraud Prevention - We may process your data (such as identification data, payment data, location and purchase data) for the prevention of fraud and/or other illegal behaviour, applicable contractual provision, as well as fairness and good faith. Such processing may also be carried out by third parties, such as companies specialized in the identification of online fraud, public authorities, investigative bodies, police officers and judicial authorities.

(k) Online Purchase and Pre- and After-Sale Assistance. Please note that we may process any data that you have provided to us (such as personal details, purchase data, delivery and contact details, payment preferences and data related to specific pre-and post-sale requests) to process and complete your purchase of products online. Such activities include all interactions we deem necessary for the sale, as well as for any pre- and post-sale activities and assistance.

 

3. DO NOT TRACK

Some web browsers have “Do Not Track” features that allow you to tell a Site not to track you. These features are not all uniform. The Site does not currently process or respond to “Do Not Track” signals.

4. LEGAL BASIS FOR THE PROCESSING

Our processing of personal data is based on the following legal basis.

 

5. SOURCE OF PERSONAL DATA

The data are collected directly from the user with the exception of:

• data collected with navigation (such as via cookies, log files or web beacons); and

• data collected with a social media network log-in.

6. ANALYSIS OF USER'S BUYING HABITS AND SELECTIONS

We may also process a user’s personal data for the purposes of analyzing the user’s buying habits and selections so as to make our products, services and marketing more responsive to our users' needs.

We may process, by automatic means, the value of products you purchase within a given time period, the frequency of the purchases and the names of the products purchased and use that information to recommend products that we believe will be of interest to you.

With a user's express consent given on the Site’s cookies banner, we may process personal data through an automatic means to study cookies. This analysis helps us verify the user’s navigation of the Site and to recommend products consistent with the users ’navigation of the Site.

7. PERSONAL DATA PROCESSING METHODS CARRIED OUT BY US

The personal data collected through the Site is primarily processed using computer and electronic means, adopting security measures we believe will minimize the risks of destruction or loss, including accidental loss, unauthorized access, unlawful processing, or processing that is not compliant with the purposes of collection indicated in this Policy.

However, no security measure, due to the nature of the online transmission of data, can completely eliminate the risk of unauthorized access, or dissemination of data. To that end, we recommend that you periodically verify that your computer is equipped with the appropriate software devices to protect the transmission of incoming and outgoing data on the network (such as up-to-date antivirus systems) and that your Internet service provider has adopted adequate measures to ensure data secure transmission of data on the network (such as, for example, firewalls and antispam filters).

8. MANDATORY OR VOLUNTARY NATURE OF PROVIDING DATA

With the exception of the navigation data, such as cookies, web beacons and log file information we collect automatically, your providing us personal data, both for requests and queries, and for the purposes of marketing and analyzing consumer habits and preferences, is voluntary and optional. Failure to provide such data does not limit the use of the Site, although it may make it impossible for us to respond to requests (including pre- and after sales assistance) for information and queries, or to send informational material, updates and newsletters to you.

The provision of some of your data, such as personal details, email address, postal address, telephone number and bank details in case of credit card payments, is essential to process your order or your purchase.

Some of your data may be necessary for providing you with other services made available on the Site in connection with a purchase (e.g. post- and pre sales assistance) or for carrying out our legal and/or regulatory obligations (such as tax obligations). If you fail to provide us with the necessary data we request, we might not be able to process the purchase and/or provide the related services.

9. CATEGORIES OF RECIPIENT OF PERSONAL DATA

We may disclose your personal data as indicated below:

• To the other companies belonging to our corporate group or to their commercial partners for marketing and advertising purposes.

• To our employees and consultants.

• To companies which, acting in their capacity as data processors, provide to us specific technical and organizational services in relation to the Site and to the management of marketing and communication activities.

• To third parties approved by the consumer.

• In the event of a change in ownership or control, such as a sale or merger.

• To police officers and judicial authorities, in compliance with the law and upon their request, or if we believe that such disclosure is reasonably necessary to (1) investigate, prevent or take initiatives in relation to suspected unlawful activities, or assist national supervisory authorities; (2) prepare a defense against third-party claims or charges, protect the security of the Site and of the company; or (3) to exercise or protect the rights, property or security of Actial, its affiliates, customers, employees and third parties.

We may also share your personal information with other third parties. For example, we use Shopify to power our online store. You can read more about how Shopify uses your personal information here: https://www.shopify.com/legal/privacy.

We also use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your personal information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

As described above, we use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by visiting:

FACEBOOK - https://www.facebook.com/settings/?tab=ads

GOOGLE - https://www.google.com/settings/ads/anonymous

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

10. CROSS-BORDER DATA TRANSFER

Your personal data will be transferred and processed abroad only if adequate levels of protection and sufficient safeguards, as provided for by the law, are addressed, such as Standard Contractual Clauses approved by the EU Commission, to protect the transferred personal data.

You may contact us at support@vsl3usa.com to learn more about the location of your data and the measures we take to protect it.

 

11. RETENTION PERIOD

We will keep your personal information, including sensitive personal information, for as long as we need it, or as otherwise prescribed by law, for the purposes set out in this Policy. The retention period will vary depending on your interactions with us. We may retain your personal information for a longer period of time if we believe valid legal grounds for doing so exist; for example, in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal information, we may consider many factors, including the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. For more information, please contact us at support@vsl3usa.com.

12. USER RIGHTS RECOGNIZED BY STATE PRIVACY LAWS

Depending on the applicable law of the state of your residence, you may be entitled to obtain confirmation of whether or not personal data concerning you exists in our possession, even if it is not yet recorded, and to have it communicated to you in a usable format. You may also have the right to obtain information about (i) the source of personal data, (ii) the purposes and methods of processing it, (iii) the basis for processing it and (iv) the details of the controller and data processors. You may also be entitled to obtain information on the persons or categories of persons to whom your personal data may be communicated, directly or indirectly (such as data processors or agents as data supervisors or data processors). You may also have the right to request an update, correction and/or, in specific cases, deletion, anonymization, or the blocking of your data, if your data have been processed unlawfully, or if your data is no longer necessary for the purposes for which it was collected.

You may have the right to obtain confirmation that the above actions have been completed, unless this requirement proves impossible or involves an inherently disproportionate effort compared with the right that is to be protected. In some cases, you may also ask for the portability of your data, and you have the right to withdraw the consent previously given.

Your rights regarding your personal data depend on the rights provided under the laws of the state of your residence. We may from time to time not be subject to state privacy laws under the applicability criteria for those laws. If a right is not provided to you under such laws, we have absolute discretion on whether to provide you with such rights.

13. HOW TO EXERCISE YOUR RIGHTS

If we are subject to such state privacy laws, you can exercise the above-mentioned rights by contacting us:

• Via e-mail, at  support@vsl3usa.com (please note that the delivery of an email request entails the subsequent acquisition of the sender's address, necessary to respond to requests and keep track of them, as well as any other personal data included in the electronic communication, for legal purposes).

• By postal mail, to Actial Nutrition, Inc., 808 S Public Rd Ste 202, Lafayette, CO 80026, Attention: Customer Support Team.

14. DATA SECURITY

The security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential and not sharing it with anyone.

Although we use commercially reasonable efforts to protect your personal information, we cannot guarantee the complete security of your personal information transmitted electronically.

Any transmission of personal information to us is at your own risk. On the Site, we are not responsible for your circumventing any privacy settings or security measures.

15. YOUR STATE DATA PRIVACY RIGHTS

As noted in Section 12 above, state consumer data privacy laws may provide their residents with additional rights regarding our use of their personal information.

California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah and Virginia provide (now or in the future) their state residents with rights to:

• Confirm whether we process their personal information.

• Access and delete certain personal information.

• Correct inaccuracies in their personal information, taking into account the information's nature processing purpose (excluding Iowa and Utah).

• Data portability.

• Opt-out of personal data processing for:

• Targeted advertising (excluding Iowa);

• Sales; or

• Profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).

• Either limit (opt-out of) or require consent to process sensitive personal data.

The exact scope of these rights may vary by state, and we may not be subject to one or more of these state privacy laws. To exercise any of these rights please send us a request at support@vsl3usa.com. We will evaluate the request and determine if we are subject to the applicable state’s privacy laws.

Shine the Light Law - California Civil Code §1798.83 permits residents of California to request certain information about our disclosure, if any, during the prior calendar year of your personal information to third parties for the third parties’ direct marketing purposes. If you are a California resident and would like to make such a request, you may email us at support@vsl3usa.com or write to us at Actial Nutrition, Inc., 808 S Public Rd Ste 202, Lafayette, CO 80026, Attention: Customer Support Team.

16. CHILDREN UNDER THE AGE OF 18

The Site is not intended for children under 18 years of age. No one under the age of 18 may provide any information on the Site. We do not knowingly collect personal information from children under the age of 18. If you are under the age of 18, do not use or provide any information on the Site, register on the Site, make any purchases through the Site or provide any information about yourself to us, including your name, address, telephone number, email address or any other personal information. If we learn that we have collected or received personal information from a child under the age of 18, we will delete that information.

17. CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our Policy on this page. The date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this Policy to check for any changes.

Last Updated: December 11, 2025