OCTOBER 3, 2019
You can access and view the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain parts and features of the Vivoom Service, including, without limitation, the mobile web experience.
LINKS TO OTHER WEB SITES AND SERVICES
Third-Party Sites. The links from the Vivoom Service do not imply that Company endorses or has reviewed the Third-Party Sites. We suggest contacting those sites directly for information on their privacy policies.
OTHER TERMS AND CONDITIONS
PERSONAL DATA WE COLLECT FROM YOU
We collect Personal Data about you when you provide such information directly with the Vivoom Service, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services.
Personal Data That You Provide Through the Service:
We collect Personal Data directly from you when you voluntarily provide such information, including, but not limited to:
Social network identification
Date of birth
User content, such as video, text, photo (which can include Personal Data if you include Personal Data in such content)
Information relevant to the Vivoom Service, branded filters, customer surveys, diagnostic information, and/or offers
Information That We Automatically Collect When You Use Our Service:
Some Personal Data is automatically collected when you use our Service, such as the following:
Web browser information
Page and video view statistics
Navigation history and/or referrer information
Cookies and other tracking technologies (e.g., web beacons, pixel tags, SDKs, etc.)
Location information (e.g., country)
Log data (e.g. access times, hardware and software information)
Information We Receive from Third-Party Sources:
Some third-parties such as brands we work with, service providers, and our business partners, may provide us with Personal Data about you, such as the following, to provide you with an improved Vivoom Service.
Information for third party services:
If you interact with a third-party service when using our Services, such as if you use a third-party service to log-in to our Services (e.g., Facebook Connect, Twitter OAuth, Viber, or any other registration system for a website or mobile app), or if you share content from
our Services through a third-party social media service, the third-party service may send us information about you, such as information from your public profile, if the third-party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third-party service.
When you interact with Company through the Vivoom Service, we receive and store Personal Data, which is collected passively by Company using various technologies. Company may store such information itself or such information may be included in logs or databases owned and maintained by Company affiliates, agents or service providers. We may use such information and pool it with other information to track, for example, the total number of visitors to the Vivoom Service, the number of visitors to each page or feature of the Vivoom Service, and the domain names of our visitors' Internet service providers.
In operating the Vivoom Service, we may use technologies called "Cookies", “local storage”, and/or advertising identifiers. Cookies and local storage are ways to store information on your computer or mobile device to help maintain state when interacting with the Vivoom Service. Similarly, an advertising identifier may be recorded from a mobile device. These technologies help provide additional functionality to the Vivoom Service and help us analyze the usage of the Vivoom Service more accurately. For instance, the Vivoom Service may set a cookie on your browser that allows you to access the Vivoom Service without needing to remember and then enter a password more than once during a visit to the Vivoom Service. These technologies may also make it possible for you to receive coupons, or access to special offers. We sometimes combine information collected through Cookies that is not Personal Data with Personal Data that we have about you, for example, to tell us who you are or whether you have an account with us. We may also supplement the information we collect from you with information received from third parties.
Cookies can either be “session Cookies” or “persistent Cookies”. Session Cookies are temporary Cookies that are stored on your device while you are visiting our Site or using our Services, whereas “persistent Cookies” are stored on your device for a period of time after you leave our Site or Service. The length of time a persistent Cookie stays on your device varies from Cookie to Cookie. We use persistent Cookies to store your preferences so that they are available for the next visit, and to keep a more accurate account of how often you visit our Services, how often you return, how your use of the Services may vary over time.
We also use persistent Cookies to measure the effectiveness of advertising efforts. Through these Cookies, we may collect information about your online activity after you leave our Service. Your browser may offer you a “Do Not Track” or “DNT” option, which allows you to
signal to operators of websites, and web applications, and services that you do not wish such operators to track certain of your online activities over time and across different websites.
Some Cookies are placed by a third party on your device and may provide information to us and third parties about your browsing habits (such as your visits to our Site or Service, the pages you have visited and the links and advertisements you have clicked). These Cookies can be used to determine whether certain third party services are being used, to identify your interests, to retarget advertisements to you and to serve advertisements to you that we or others believe are relevant to you. We do not control third party Cookies.
We use the following types of Cookies:
Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Site or Service. Disabling these Cookies may make certain features and services unavailable.
Functionality Cookies. Functional Cookies are used to record your choices and settings regarding ourService, maintain your preferences over time and recognize you when you return to our Service. These Cookies help us to personalize our content for you, greet you by name, and remember your preferences.
Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how users use our Site and Service such as by collecting information about the daily number of visitors to the Services, the daily requests we receive for particular files on the Services, and what geographical areas those requests come from. These aggregated statistics are used internally to better provide services to the public and mayalso be provided to others. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising.
Retargeting/Advertising Cookies. Retargeting/Advertising Cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you. For more information about this, please see the section below titled “Third Party Advertising”.
On most web browsers, you will find a "help" section on the toolbar. On iOS, Android, and other mobile devices you will be able to control advertiser identifier use in your Privacy Settings. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn Cookies off. We recommend that you leave cookies and advertising identifiers turned on because they allow you to take advantage of some of the features of the Vivoom Service. If you reject Cookies or advertising identifiers, you may still use theVivoom Service, but your ability to use some areas and/or features of the Vivoom Service will be limited.
We may serve advertisements, and also allow third party ad networks, including third party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Services. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (“Interest-Based Ads”). Information for Internet-Based Ads (including Personal Data) may be provided to us by you, or derived from the usage patterns of particular users on the Services and/or services of Third Parties (but will not include your name, address, email address or telephone number). Such information may be gathered through tracking users’ activities across time and unaffiliated properties. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a “web beacon”) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.
Through the Digital Advertising Alliance (“DAA”) and Network Advertising Initiative (“NAI”), several media and marketing associations have developed an industry self-regulatory program to give consumers a better understanding of and greater control over ads that are customized based on their online behavior across different websites. To make choices about Interest-Based Ads from participating third parties, including to opt out of receiving behaviorally targeted advertisements from participating organizations, please visit the DAA’s or NAI’s consumer opt out pages, which are located at http://www.networkadvertising.org/choices/ or www.aboutads.info/choices. Users in the European Union should visit the European Interactive Digital Advertising Alliance’s user information website http://www.youronlinechoices.eu/.
We do not share your Personal Data with advertisers without your consent. However, if you click on or otherwise interact with an advertisement there is a possibility that the advertiser may place a Cookie in your browser and note that it meets the criteria they selected.
Aggregated Anonymous Personal Data
In an ongoing effort to better understand and serve the users of the Vivoom Service, we often conduct research onour customer demographics, interests and behavior based on the Personal Data provided to us. This research may be compiled and analyzed on an aggregate basis, and Company may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
PERSONAL DATA RETENTION
We retain your Personal Information for as long as you have an open account with us or as otherwise necessary to provide you the Vivoom Service.
In some cases, we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
DELETION AND DISPOSAL
If you wish to have the Personal Information you supplied to the Vivoom Service permanently deleted and disposed from the Vivoom Service you may request such deletion and disposal by contacting us at email@example.com or Vivoom, Inc., 855 Boylston Street, 10th Floor, Boston, MA 02116 USA. Please provide the login you use with the Vivoom Service in your request. If you do not have a login, please provide a URL to one of your videos. Please note that for security reasons, prior to the deletion request being fulfilled, Vivoom will need to verify that the request does originate from you.
OUR USE OF YOUR PERSONAL DATA AND OTHER INFORMATION
ail, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if youprovide Personal Data in order to obtain access to the Vivoom Service, we will use your Personal Data to provide you with access to the Vivoom Service and to monitor your use of such services. Company may use your Personal Data and other personally identifiable information to help us improve the content and functionality of the Vivoom Service, to better understand our users, and to improve Vivoom Service. Company may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to "opt-out" of receiving future communications. You will also be able to opt-out of receiving future marketing communications by making appropriate adjustments in your settings on the Site and/or in the mobile web experience.
Specifically, we may Process your Personal Data and other information about you to operate, improve, understand and personal our Service. For example, we use Personal Data for the following:
Internal record keeping
Direct integration into the content you create with the Vivoom Service (e.g., allowing you to personalize a branded video)
To improve the Vivoom Service and our other products and services
To respond to your individually expressed needs, direct requests, inquiries, to meet your expectations of the Vivoom Service, or to provide assistance
To contact you about changes to the Vivoom Service
To send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided
From time to time, we may also use your information to contact you for market research purposes. We maycontact you by email, phone, fax or mail. We may use the information to customize the Vivoom Service according to your interests
To allow a brand, sponsor, or Vivoom to contact you with regards to your participation (e.g., acontest)
To protect against or deter fraudulent, illegal, or harmful actions
OUR DISCLOSURE OF YOUR PERSONAL DATA AND OTHER INFORMATION
Company is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data and other information with certain third parties without further notice to you, as set forth below:
Your consent. We may share or disclose your information at your direction, such as when you choose to submit User Content to the Vivoom Service.
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data and other information may be part of the transferred assets.
Like many businesses, we hire other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases, fraud prevention systems, automatic moderation systems, analytics systems, and cloud computing systems. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function, which may include Personal Data. This information is contractually between that service provider and the company and not shared or combined.
Where we are working in partnership with a third-party partner, we may provide such third-party partners with your (i) Personal Information in an aggregate and anonymized manner and (ii) Usage Information from your activities on the Site and the mobile web experience. Such third-party partners may use this information for their promotional campaign or other purposes.
In order to provide the Vivoom Service (including contests for sponsoring third-party partners), we may share your Personal Information with the sponsor who is running the contest in which you participate. We may share Personal Information to a Third-Party/Brand which you clearly and expressly provided through the Vivoom Service for that Third-Party/Brand (e.g., joining a fan club, receiving points in a membership program, requesting detailed information in the product, etc.) or in any other similar case where you have given us consent to do so. This Personal Information is most often simple contact information. Company may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Company, (iii) act in urgent circumstances to protect the personal safety of users of the Vivoom Service or the public, or (iv) protect against legal liability.
Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.
Company takes reasonable steps to protect the Personal Data collected through the Vivoom Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, an e-mail sent to or from the Vivoom Service may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to Company via the Vivoom Service.
their children never to provide Personal Data on or through the Vivoom Service without their permission. If we learn that we have collected personal information from a child under the required minimum age, we will delete that information as quickly as possible. If you have reason to believe that a child under the age of 13, under 16 where applicable, or one under 18 without permission, has provided Personal Data to Company through the Vivoom Service, please email us directly at firstname.lastname@example.org and we will delete that Personal Information from our systems.
ACCESS TO INFORMATION; CONTACTING THE COMPANY
To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Vivoom Service.
YOUR CALIFORNIA PRIVACY RIGHTS
Applicable California privacy legislation permits visitors who are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such arequest to access such information, please contact us as follows: Vivoom, Inc., 855 Boylston Street, 10th Floor, Boston, MA 02116 USA or email@example.com.
Within thirty (30) days of receiving such a request, we will provide a list of the categories of Personal Data disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this paragraph.
YOUR SWISS AND EUROPEAN UNION (EU) PRIVACY RIGHTS
If you are a resident of the European Union (“EU”), Switzerland, United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.
Company will be the controller of your Personal Data processed in connection with the Services. Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.
Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Service with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.
Examples of these legitimate interests include:
Operation and improvement of our business, products and services
Marketing of our products and services
Provision of customer support
Protection from fraud or security threats
Compliance with legal obligations
Completion of corporate transactions
Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
Additional Rights You Have Regarding Your Personal Data:
You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email firstname.lastname@example.org. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, such as a necessary means to verify your identity and the nature of your request. Examples of these additional rights are the following:
Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.
Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete,you can request that we correct or supplement such data.
Erasure: You can request that we erase some or all of your Personal Data from our systems.
Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note,however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
Objection: You can contact us to let us know that you object to the further use or disclosure of yourPersonal Data for certain purposes, such as for direct marketing purposes.
Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
Right to File Complaint: You have the right to lodge a complaint about Company’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member
Personal Data of Children:
As noted above, we do not knowingly collect or solicit Personal Data from anyone under the age of 13 (16 in certain countries).
We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity.
Transfers of Personal Data to the United States: Swiss-US and EU-US PRIVACY SHIELD
The Vivoom Services are hosted and operated partially in the European Union and primarily within the United States (“U.S.”) through Company and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Company in the U.S. and can be hosted on U.S. servers, and you authorize Company to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. as set forth herein.
Company is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
Company acknowledges that Swiss and EU individuals have the right to access the personal information that we maintain about them. An Swiss or EU individual who seeksaccess, or who seeks to correct, amend, or delete inaccurate data, should direct their query to email@example.com. If requested to remove data, we will respond within a reasonable timeframe.
We will also provide a Swiss or EU individual with opt-out or opt-in choice before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized.
To limit the use and disclosure of your personal information, please submit a written request to firstname.lastname@example.org.
We may also be required to disclose an individual's personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
In cases of onward transfer to third parties of data of Swiss or EU individuals received pursuant to the Swiss-US and EU-US Privacy Shield, Company is potentially liable.
In compliance with the Privacy Shield Principles, Company commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. Swiss or European Union individuals with Privacy Shield inquiries or complaints should first contact Company at: email@example.com.
Company has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumersfor more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
Additional Questions or Requests Regarding Your Personal Data:
If you have any questions about this section or our data practices generally, please contact us using the following information:
Company Name: Vivoom, Inc.
Physical address: 855 Boylston Street, 10th Floor, Boston MA 02116 MA Email address for contact: firstname.lastname@example.org
Designated Swiss and EU Representative
Company Name: DP-Dock GmbH
Physical address: DP-Dock GmbH, Ballindamm 39, 20095 Hamburg Germany Email: email@example.com
Tel: +49 (0) 40 99999 - 3430
Fax: +49 (0) 40 99999 - 3332