Privacy Policy

Version: 1.1
Published: 03/31/23

In this privacy policy we explain what types of personal data we collect, how we collect this data, what this data is used for and what your rights are regarding the data. For any visitors who reside in the State of California, please find our California Privacy Policy listed below.

This Privacy Policy is applicable to Ergify (hereafter referred to as “Ergify”, “we”, “us”, “our”), a trademark of Via Seating.

Additionally, Via Seating is the master licensee & company responsible for product support, sales & fulfillment of Aeris GMBH (hereafter referred to as “Aeris”) products sold by way of Ergify & aerismotion.com. Information collected from Ergify may be used for marketing and advertising support for aerismotion.com, but never for properties outside of the Via Seating umbrella unless otherwise noted below in the section defined “How Do we Use Personal Data Collected”.

How is Personal Data Collected?

We collect information from you when you register on our site, place an order, favorite an item, initiate a warranty/return or fill out a form. You may also visit our site anonymously (see also Cookie Policy).

Types of Personal Data Collected

Data collected may include the following:

Your name;
Your e-mail address;
Your company name (if applicable);
Your address(es), shipping & billing (if provided);
Your phone number (if provided);
Your gender (if provided);
Your IP address;
Your preferred language(s);
May include your Geo location (collected for tax calculations).
For a purchase: Your order details including product name, quantity, date of purchase & any dealer information (if applicable).
For an purchase: Your payment information such as payment method (ie. credit card, affirm, etc.) & verification.

How Do we Use Personal Data Collected?

We might use your personal data collected to:

Certify your identity as the user of the account;
Prevent unauthorized access to your account;
Manage communications with you based on your account contact details, your preferences & your consents provided.
Process your order;
Complete your transaction(s);
Process your return(s) or replacement(s) (if applicable);
Understand how we can improve our customer service experience;
Assist you with any questions or inquiries initiated with us.
Utilize your purchase & browsing information to design a custom shopping experience. For example, we store your shipping preferences, which are accessible to you when you make future purchases.
With any other person or entity as part of any business or asset sale, equity transaction, merger, acquisition, bankruptcy, liquidation, or similar proceeding, or in preparation for any of these events
With any other person or entity where you consent to the disclosure;
With vendors who perform data or Site-related services on our belief (e.g., email, hosting, maintenance, backup, analysis, etc.);
With vendors to prepare, deploy, and analyze advertising content;
To the extent that we are required to do so by law;
In connection with any legal proceedings or prospective legal proceedings;
To establish, exercise, or defend our or a third party’s legal rights, including providing information to others for the purposes of fraud prevention;
With any person who we reasonably believe may apply to a court or other competent authority for disclosure of that Personally Identifiable Information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that Personally Identifiable Information;
With any other person or entity where you consent to the disclosure;
For any other purpose disclosed by us when you provide the Personally Identifiable Information or for any other purpose we deem necessary, including to protect the health or safety of others.

Why Does Ergify Use Your Personal Data?

The data collection is necessary to meet the quality of performance needed for a contract to which you are a party (ie. the purchaser). It is needed to process transactions, returns & replacements authorized by you. It is used to craft a custom shopping experience & to secure your personal account.

Note, you may delete your account at any time.

How Does Ergify Protect Your Personal Data?

We implement a variety of security measures to maintain the safety of your personal information collected. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction is completed, your private information (that may include credit cards, social security numbers or other financials) is not stored on our servers.

Do we Use Cookies?

Yes. See our Cookie Policy.

Our Disclosure of Your Personal Data to Third Parties

We do not sell, trade, or otherwise transfer to outside parties any of your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. Only non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or auditing purposes.

We collect and process data in order to improve Ergify’s products, services & offers. We do not share your personal information collected with authorized third parties, except to the extent stated in this privacy policy.

We may disclose your personal data to third parties to the extent required by law, court order or a decision rendered by a competent public authority and for the purpose of law enforcement. In addition, we may share your personal data with the following third parties:

Our vendor manufacturers in order to deliver any purchased products and services to you, to ensure a consistent level of quality service is met across all of our products and services and to enhance your customer experience.
Any third party vendors carrying out services on our behalf including: order fulfillment, shipping fulfillment, billing, IT support, sales & marketing, advertising, analytics, research, customer service, data storage, account validation, credit authorization, payment processing, security, fraud prevention and legal services. Such third party vendors have access to perform contracted services only and are prohibited from using your personal data for other purposes.
Third parties in order to establish, exercise or defend legal rights of Ergify, a trademark of Via Seating.
Third parties in the event of any merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Ergify’s assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
Any other third parties subject to your consent. When we disclose your personal data to a third party, we take all reasonable steps to ensure that those third parties are bound by confidentiality and privacy obligations with respect to the protection of your personal information. The disclosure is conducted in compliance with legal requirements, including entering into data processing agreements with the relevant third parties, to ensure that personal data is only processed in accordance with our instructions, applicable law and regulations and for the purpose specified by us and to ensure adequate security measures.

California Online Privacy Protection Act Compliance

We value your privacy and have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act (CalOPPA). We therefore will not distribute your personal information to outside parties without your consent.

As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at any time by logging in by clicking Log In, then clicking My Account, then clicking View Addresses.

Children’s Online Privacy Protection Act Compliance

We are in compliance with the requirements of the Children’s Online Privacy Protection Act (COPPA). We do not collect any information from anyone under 13 years of age. Our website, products, and services are all directed to people who are at least 18 years old or older.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Your Consent

By using Ergify.com, you consent to this online privacy policy.

Changes to This Policy

We may revise and update this policy from time to time at our sole discretion. All changes are effective immediately when we post them. If changes are material to this policy, we will make every effort to notify you before these amendments enter into force. Your continued use of the Ergify Services means you accept and agree to any modifications to this policy.