Privacy Policy
Last Updated: May 07, 2021
Vivify, together with its affiliates and subsidiaries (collectively, “Vivify,” “we,” “us,” or “our”), provides this Privacy Policy (“Policy”), as Vivify views customer privacy as an important part of the way we do business. This Policy describes how we collect, use, and disclose Personal Information from users on this website, in our telephone or email communications with you, and on our social media pages (together, the “Services”). The words “user,” “customer,” “you,” and “your” mean users of these Services.
This Privacy Policy, along with our Terms & Conditions, which is incorporated by reference in its entirety, constitute a legally binding agreement between you and Vivify that conditions your interaction with our Services, where and as permitted by applicable law. Please read this Policy carefully before using the Services or submitting Personal Information to us. We reserve the right to terminate or limit your access to our Services. By accessing or using our Services, you acknowledge that you have reviewed and agree to the provisions of this Privacy Policy.
We may collect and have collected in the past 12 months information when you interact with the Service, for example, when you:
- Visit and use our website;
- Visit a tradeshow;
- Email us or submit forms online;
- Submit an employment application;
- Call our company;
- Engage or solicit us for other services; or
- When we are otherwise in communication with you.
Certain of the information we collect may be “Personal Information,” by which we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a natural person, device, or household, such as a real name, postal address, e-mail address, telephone number, payment information, and account ID. When other information is directly associated with Personal Information, we also consider that information to be Personal Information. Information that is aggregated, de-identified, or anonymized will not be considered Personal Information. Publicly available information that is made available from federal, state, or local government records, also is not Personal Information.
The Personal Information we collect varies depending on how you interact with us:
Personal Information You Provide to Us: You may provide and have provided in the past 12 months the following types of Personal Information to us online, by phone, or otherwise when you use our Services, such as:
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- Individual contact and identification information, including company, name, email address, job titles, postal address, and phone number;
- Identification information for verification;
- Payment information, including credit card information, bank account information, billing address, or other financial information (for example, when you purchase any of our Services, we will collect the payment information to process the transaction, including over the telephone, at your request);
- Purchase activity (for example, if you have purchased any services in the past);
- Survey or feedback information (for example, if you fill out a survey, or provide feedback through our mobile applications, we collect your responses);
- Social media identity, posted content, and other data relating to our official social media pages or other Vivify forums on the internet (for example, if you post on, Like, or otherwise interact with our Facebook page, we may process that information); or
- Other potentially Personal Information that you may provide to us so we can provide you with a Vivify Service.
Personal Information From Third Parties: We may collect and have collected in the past 12 months Personal Information from third parties such as from your employer, commercial credit services through your social media services consistent with your settings on such services, from other third-party sources that are lawfully entitled to share your data with us, including from publicly available and third-party databases or services that provide information about people that we believe will help us identify and provide products and Services that may be of interest to you.
Personal Information Collected Automatically When You Use Our Services: We may also collect and have collected in the past 12 months Personal Information automatically depending on the Services you use, including when you use our website, or when you call us. For example, we may collect Personal Information such as:
- Cookies and web beacons when you visit our websites (see below for additional information on these technologies);
- IP address, device identifier, browser information, device information, operating system, language information, URL accessed, information about your use of our website, and dates and times of activity, including as accessed from cookies and web beacons described above;
- Telephone number, audio recordings, date and time information, and other information relating to your telephone call to us; or
- Location information (country), including as derived from your IP address.
Cookies: Cookies, pixels, or other tracing and tracking technologies are small data files that a website or its service providers may place on your browser when you visit a website. Cookies store a unique numerical identifier that sends back a signal to the installer of the cookie to announce your browser’s presence and movement on the website that installed the cookie or on websites that you visit after the cookie is installed. There are many different types of cookies that perform different functions. Some of these cookies remain on your browser and allow the installer of the cookie to track you over time and across the Internet. A cookie does not identify you personally, but identifies your browser.
Depending on the settings you have chosen on your browser, we may use, and have used in the past 12 months, cookies on our website to keep track of Services you have used, to record registration information regarding your login name and password, to record your user preferences, to keep you logged into the website, and to facilitate purchase procedures. We may also use cookies to track the webpages you visit during each website session, to help us improve user experience, and to help us understand how the website is being used. Many browsers maintain a default setting to allow cookies. You have the ability to modify this setting so as to decline cookies. The “Help” tab on your toolbar may guide you to the settings for your browser that will allow you to change your browser settings with regard to cookies. If you decline cookies, your use of our website may be impaired.
Web Beacons: A “web beacon” is an object that is embedded in a web page or email that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page or an email. We may use web beacons on the website and in emails to count users who have visited particular pages, viewed emails, and to deliver co-branded services. Some web beacons can be rendered ineffective by declining certain cookies or modifying your browser setting to notify you each time a Cookie is tendered, permitting you to accept or decline cookies on an individual basis.
We may use, and have used in the past 12 months, your Personal Information in accordance with this Privacy Policy to:
- Provide the Services you or others request;
- Complete the transactions you have requested, including collecting payment for Services;
- Provide you a quote that you requested;
- Provide you with an account and manage your account;
- Provide customer or technical support and respond to communications from you;
- Notify you about updates to our websites, mobile applications, or Services;
- Measure and improve our business, Services, and performance, including customer service and sales performance, mobile applications, social media presence, and website layout and content;
- Perform analyses on the data we have collected, such as market analyses, trends, and other research for statistical purposes;
- Process, provide, and administer surveys, events, and special promotions;
- Provide, administer, and utilize our social media pages and websites;
- Send you updates about new products and services that we are offering;
- Compare information and identification for accuracy and verify it, including for identification purposes;
- To market our products and Services to you using data from advertising technologies on the website such as web beacons, pixels, ad tags, cookies, device identifiers;
- To measure or understand the effectiveness of advertising that we provide you and others, and to deliver relevant advertising to you;
- Anonymize or otherwise protect your data;
- Prevent potentially fraudulent, prohibited or illegal activities, and enforce our Terms & Conditions; or
- Comply with legal requirements, or assert or defend a legal claim.
Vivify does not sell, and has not sold in the past 12 months, your Personal Information to third parties, and will not sell your Personal Information to third parties. We may, at times, disclose Personal Information we collect to the following categories of third parties:
- Our group of companies, affiliates, and subsidiaries in accordance with this Privacy Policy;
- With third parties to provide, maintain, and improve our products and Services, including third party service providers who access Personal Information about you to perform services on our behalf, as well as financial institutions and payment processors in the case of business transactions;
- With third parties that assist with email campaigns, special offers, or other events or activities in connection with our products and Services;
- With other persons with whom you have requested that we share Personal Information in order to fulfill Services you request;
- In connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, divestiture, or dissolution of all or a portion of our business; or
- If we believe that disclosure is reasonably necessary to (a) comply with any applicable law, regulation, legal process, or governmental request; (b) enforce or comply with our Terms & Conditions or other applicable agreements or policies, (c) protect our rights or property, or the security or integrity of our Services, or (d) protect us, users of our Services or the public from harm or potentially prohibited or illegal activities.
Our service providers are bound by contract to keep your Personal Information confidential, and to retain, use, or disclose it only to perform on our behalf for the purposes laid out in the contract.
Other third parties may also be tracking your online behavior across the Internet and over time. This Privacy Policy does not apply to Personal Information collected by these third parties.
Depending on your jurisdiction, you may request to access, update, in certain cases delete, restrict, or object to the processing of your Personal Information that we have collected, used, or disclosed, as well as to data portability. You can do so by emailing info@vivifycompany.com. You may also lodge a complaint with a competent supervisory authority.
If you consented to our use of cookies but later wish to opt out, you may change, at any time, your choice via the cookies banner.
We take reasonable precautions, including physical, electronic, and procedural safeguards to protect your Personal Information. We make reasonable efforts to maintain security on our systems. Despite our efforts, we cannot guarantee that Personal Information may not be accessed, disclosed, or altered by breach of our safeguards. We urge you to take adequate precautions to protect your Personal Information.
We do not undertake to store or retain your Personal Information for any longer than is reasonably necessary or required by applicable laws.
To the maximum extent allowed by applicable law, you agree and acknowledge that Vivify will not be liable or responsible if any information about you is intercepted, accessed, and/or used by an unintended recipient. If you have reason to believe that the security of your communications or Personal Information has been compromised, please notify us immediately using the contact information below.
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects Personal Information.
“Do Not Track” is a privacy preference that you can set in your Internet search browser that sends a signal to a website that you do not want the website operator to track certain browsing information about you. However, because our website is not configured to detect Do Not Track signals from a user’s computer, we do not respond to Do Not Track requests. More information about “Do Not Track is available at www.allaboutdnt.org concerning such information.
You may opt out of receiving promotional messages from us by following the instructions in those messages. If you decide to opt out, we may still send you non-promotional communications, such as communications at your request, about your requested Services or about your account.
We may update this Privacy Policy periodically to account for changes in our collection, use, or disclosure of Personal Information. If we make any material changes to this Privacy Policy, we will provide notice of such changes, as appropriate. For example, we may send you an email notification to the address you have provided, or we may provide notice on our website. For administrative changes, we may provide indication in our Privacy Policy by updating the “Last Updated” date at the top of this page.
Our website is not designed, nor intended to collect, Personal Information from children under the age of 16. We do not knowingly collect information from children under the age of 16. If you are a parent or guardian and discover that your child or a minor under the age of 13 has posted, submitted, or otherwise communicated Personal Information to our website without your consent, please contact us using the information below so that we may take appropriate actions to remove the minor’s Personal Information from our systems.
We do not sell the Personal Information of any individuals, including that of children under the age of 16.
The California Consumer Privacy Act of 2018, California Civil Code Sections 1798.100 et seq. (CCPA) additionally affords rights to our users and customers who are California residents. For example, California residents may have a right, following a verifiable request, to (1) access—twice in a 12-month period, free of charge—for the 12-month period prior to the request, the categories and specific pieces of Personal Information Vivify has collected about the user, the categories of sources from which the Personal Information is collected, the business purpose for collecting the Personal Information, and the categories of third parties with whom Vivify shares Personal Information; and (2) delete Personal Information under certain circumstances. Such requests may be made as described in the above “Your Access and Control Over Information” section. And, Vivify does not discriminate against our users and customers on the basis of their exercising any of their rights afforded by the CCPA, which is further in accordance with California residents’ rights under that title.
- How California Residents Can Exercise Their Rights
California residents may exercise the rights described above by submitting a verifiable request to us by contacting us using the information outlined in the “Contact” section below. We will first acknowledge receipt of your request within 10 business days after receipt of your request. We will provide a substantive response to your request within 45 calendar days after its receipt. If we require more time (up to 90 days or the permitted timeframe), we will inform you of the reason and extension period in writing.
Only you or an authorized agent (as described below) may make a verifiable consumer request related to your Personal Information.
- How to Authorize an Agent. You may designate an authorized agent to submit your verified consumer request on your behalf only if the authorized agent has your written permission to do so and you have taken steps to verify your identity directly with us. If you would like to designate an agent for purposes of making a request under the CCPA.
- How We Verify Your Request. To respond to your request under the CCPA, we must verify your identity or the authority of your authorized agent to make the request. We will only use the Personal Information provided in a verifiable consumer request to verify your identity or the authority of your authorized agent to make the request. Making a verifiable consumer request does not require you to create an account with us.
To allow us to verify your request, we will require that you provide at least two pieces of Personal Information, such as your name and email address, which we already have in our possession. We will verify your consumer request by comparing the information you provide to information already in our possession and take additional steps to minimize the risk of fraud.
CALIFORNIA SHINE THE LIGHT
California Civil Code Section 1798.83, also known as “Shine The Light” law, permits California residents to annually request information regarding the disclosure of your Personal Information (if any) to third parties for the third parties’ direct marketing purposes in the preceding calendar year. Requests may be made one time per calendar year. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2019 will receive information regarding 2018 sharing activities). You may submit your request using the contact information at the end of this Policy.
If you have any questions regarding our Privacy Policy, need to access the policy in an alternative format due to a disability, or if you would like to access, update, or delete your Personal Information, please email us at info@vivifycompany.com, or contact us by telephone at 800-255-4855.
