Privacy policy

Vivior Privacy Policy
Valid as of 1 September 2023

Applicability of this policy

“Vivior” is the brand name under which Vivior Ltd. / Vivior AG / Vivior SA commercialize cutting edge wearable technologies, products and services to improve user’s visual comfort and care and to support professional service providers in their offering to their customers.

In this Privacy Policy (“Policy”), “Vivior” “our”, “we” or “us” refers to Vivior.

This Policy applies to visitors to the www.vivior.com website and all websites linked to this website and/or controlled by Vivior Ltd. (collectively, the “Site”), except as otherwise noted.

Vivior is committed to maintaining the privacy and security of your personally identifiable information. As part of our commitment to information privacy, we have adopted this Privacy Policy to inform you of our information gathering practices and the ways in which we may use the information we receive. This Policy applies to all personal information submitted to us for use with or in connection with its Site located at www.vivior.com. By using the Site, including providing your personal information to us on the Site, you consent to the collection, use, processing, and disclosure of that information in accordance with this Policy.

Information We Collect and How We Use It

Personal Information. We gather Personal Information about you in order to respond to your requests and provide you with appropriate information about our products, services, and events.  For purposes of this Policy, “Personal Information” means any information by which you can be identified, including name, postal address, e-mail address, location IP address and telephone number.  In connection with the application of U.S. and EU Data Protection Laws, this term shall be defined only as broadly as set forth in such laws to the extent applicable to the Site visitor or as otherwise provided in this Policy.  

Personal Information is collected and used in the following ways:

Requests for Information: When you enter information into the [“Contact Us” linked to customercare@vivior.com] online inquiry form on the Site to request general information about our products, services, and events, or to register for a service, you may be required to provide some or all of the following Personal Information: name, email address, company name and location, title, telephone contact information. 

Submission of Requests for Information about Jobs: When you submit an application through the Site or send a message to the email address listed on the Site for Human Resources. Our privacy policy for employment applicants is included through a link at the Career page on the Site.

  • Contacting Us by E-mail: When you send us an e-mail from the Site, you may be required to provide some or all of the following Personal Information: name, email address, company name and address, title, telephone contact information.  We may use this information to respond to your requests, including retaining the information you provide, the content of your e-mail, our response, and any follow-up questions and further requests and inquiries you may have.  We may also use information sent by e-mail for market research and to improve our products and services.
  • [Employment: If you choose to apply for employment with us online, you will be required to provide your name, address, contact information and work authorization status, and upload a resume or curriculum vitae (CV).  We will only use this information to match you with available employment opportunities.]

We may use this information to respond to your requests, including retaining information in order to better respond to further requests or inquiries we receive from you.  We may also send you information from time to time regarding products, services and events that we think may be of interest to you. [Please refer to “Opting out” if you do not wish to receive such information or wish to change your preferences.]

The extent and type of Personal Information we collect depends on the information you provide to us, such as through our e-mail and/or through the registration processes on the Site. You may choose not to provide us with any Personal Information.

Statistical Data.  To monitor utilization of the Site and continuously improve its quality, we may compile statistical information concerning the usage of the Site using analytics services, such as those provide by Google Analytics. Examples of this information would include: the number of visitors to the Site, or to sections or pages within the Site, patterns of traffic flowing through the Site, length of time spent on a page, visual heat maps, and captured screen records of user sessions.

The analytics services may transfer this information to third parties in case of a legal obligation or if a third party processes data on behalf of that service. To compile this information, we may collect and store:

  • Your IP address
  • Your operating system and platform
  • Your browser type and version
  • Time zone setting
  • Browser plug-in types and versions
  • The pages you visit within the Site
  • Data provider
  • The length of time you spend on pages within the Site
  • The site from which you linked to ours
  • Search terms you used in search engines which resulted in you linking to the Site, etc.

While all of this information can be associated with the IP address your computer had while you visited the Site, it will not be associated with you as an individual, or associated with any other information you may submit through the Site, or that we may store about you for any other purposes.  We may use this information to generate aggregate statistics about visitors to our Site. Please check your web browser if you want to learn what information your browser sends or how to change your settings.

Cookies and Other Web Technologies 

We may use technologies such as cookies, pixel tags, and web beacons for purposes including  recognizing you when you return to the Site, improving the quality of the Site and our services, administering the Site, or communicating with you. We may also use cookies for tailoring our products, services and advertising to suit your personal interests or show you relevant ads on other sites.

You may control cookies, including preventing or stopping the installation and storage of cookies, through your browser settings and other tools.  If you do so, our Site may not function correctly. Please refer to the Help feature of your browser for information on disabling cookies.

IMPORTANT: By using the Site, you consent to the processing of any personal data collected by cookies for the analytics purposes and functions described above.

Do Not Track.  “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 Site is not configured to detect Do Not Track signals from a user’s computer, we are unable to respond to Do Not Track requests. 

To Whom We Disclose Information

We will not share your Personal Information with third parties, except as follows:

  • We will share your Personal Information with some of our affiliates, and business partners and service providers who perform services for us, including in the course of providing services for you.
  • We will share your Personal Information with others when you have given us permission to do so in writing or through user preferences selected on the Site.
  • We will disclose Personal Information without your permission when we believe in good faith that such disclosure is required by law or is necessary to investigate and protect against harmful activity to us, our customers, our employees and others, or its property, including this Site.
  • If Vivior Ltd. and their respective affiliates, individually or collectively, or a substantial part of their assets are transferred to another entity (by merger, consolidation, sale or bankruptcy process), Personal Information may be one of the assets transferred.
  • We may share aggregate data developed from Personal Information with third parties for research, education or marketing purposes. Such aggregate data will not include any information that can be used to identify any particular individual.

Third Party Links and Third Party Integrations

The Site may contain links to other websites maintained by third parties over whom we have no control.  When you click on one of those links, you are accessing a website that is not owned, operated, or controlled by us, and your visits to those websites are not covered by this Privacy Policy.  The operator of such website may have its own privacy policy (which we encourage you to read carefully), and that policy will govern the collection and use of your data on that website.  We do not share your Personal Information with these parties.

We may also provide links to third-party integrations. Third-party integrations are websites or platforms that synchronize with our Site to provide you with additional functionality, chatbots, tools, or services such as accepting job applications, or sending newsletters.  

You agree we are not responsible for the availability of third-party sites, resources, or integrations and do not endorse and are not responsible or liable for any content, advertising, goods, services or other materials on, available through, or provided by such sites, resources, or integrations.  We are not responsible for the privacy or other practices of such sites and cannot guarantee the security of personal information that you provide, or is collected by, such sites. We encourage you to review the privacy policies and terms and conditions on those linked sites and third-party integrations.

Embedded Content and Social Media Plugins

The Site may contain embedded content (e.g., videos). Embedded content may place third-party cookies on your device that track your online activity to enhance your experience or assess the success of their application. We have no direct control over the information these cookies collect and you should refer to their website privacy policy for addition information.

The Site uses social media plugins to enable you to easily share information with others.  When you visit our Site, the operator of the social plugin can place a cookie on your computer, enabling that operator to recognize individuals who have previously visited our Site.  If you are logged into the social media website while browsing our Site, the social plugins allow that social media website to share data about your activities on our Site with other users of their social media website.  We do not control any of the content from the social media plugins.  For more information about social plugins from media websites, you should refer to those sites’ privacy and data/information sharing statements/policies.

Google Fit Integration and Data Usage

At Vivior, we are committed to promoting healthy lifestyles and motivating our users to engage in physical activities through our health challenges app for gamers. To achieve this, we have integrated with Google Fit, a fitness tracking platform, to provide a more personalized and engaging experience to our users.

We access and collect data from Google Fit for the following purposes:

  1. Activity Tracking: We utilize Google Fit data to track various fitness metrics, including activity minutes, steps taken, calories burned, and sleep hours, to help users monitor their physical activities accurately.
  2. Leaderboard and Challenges: To foster a sense of competition and motivation, we use this data to create leaderboards where users can see their ranking based on their fitness achievements and other challenges. Users earn points and rewards based on their performance.

At Vivior, we take data privacy seriously. Here are the measures we have implemented to protect your Google Fit data:

  1. Secure Data Transfer: We use industry-standard encryption protocols to ensure that data transferred between Google Fit and our app remains confidential and secure.
  2. Limited Access: Our team has limited access to your Google Fit data and will only use it for the purposes stated in this Privacy Policy.
  3. User Control: You have full control over the data you share with us from Google Fit. You can revoke access at any time through your Google Fit settings.
  4. Data Retention: We do not retain your Google Fit data, we only read it to award you the corresponding points in the challenge

By using Vivior’s app and allowing access to Google Fit data, you consent to the collection and use of this data as described in this Privacy Policy.

We may update this Privacy Policy to reflect changes in our practices or for other operational, legal, or regulatory reasons. We recommend reviewing this policy periodically to stay informed about how we collect, use, and protect your data.

Our Commitment to Children’s Privacy

We understand the importance of protecting children’s privacy.  For that reason, we do not collect and maintain information from those we actually know are under [13 years] of age, and no part of the Site is structured to attract anyone under [13 years] of age. However, we consider ourselves bound by the Children’s Online Privacy Protection Act (COPPA).

Data Security

Vivior and their respective affiliates will take reasonable precautions to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration, and destruction. However, these measures, standing alone, are not sufficient to ensure the security of your Personal Information. It is also important for you to guard against unauthorized access to your passwords and the unauthorized use of your computer.

Privacy Shield

Vivior complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data, as defined under the applicable data protection laws, transferred from the European Union, the United Kingdom and Switzerland to the United States. 

In compliance with the Privacy Shield Principles, Vivior is committed to resolve complaints about collection or use of your Personal Data. EU, United Kingdom, and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact privacymanager@vivior.com.

Under compliance with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework, Vivior is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC), and will disclose Personal Data in response to lawful requests by public authorities, including meeting national security or law enforcement requirements. Individuals who receive contracted services from Vivior and their respective affiliates, under proper conditions, may invoke binding arbitration for violations of the Privacy Shield framework. Vivior and their respective affiliates accepts liability for onward transfers of Personal Data to third parties.

For information concerning the type or identity of third parties to which Vivior and their respective affiliates disclose Personal Data, and the purposes for which it does so, please see Sections 8 and 12 of our European Union, United Kingdom and Switzerland Addendum to Privacy Policy. For information concerning the right of individuals to access their Personal Data, please see Section 15 of our European Union, United Kingdom and Switzerland Addendum to Privacy Policy. For information concerning the choices and means Vivior and their respective affiliates offer individuals for limiting the use and disclosure of their Personal Data, please see Section 15 of our European Union, United Kingdom and Switzerland Addendum to Privacy Policy.

Effective Date and Changes to Privacy Policy

This Privacy Policy was effective on September 5, 2023.

We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy simply by posting such change, update, or modification on this Site. Any such change, update, or modification will be effective immediately upon posting on the Site. The date in this section will be updated whenever this Privacy Policy is changed. You agree that we may notify you about material changes in the way we treat Personal Information by placing a notice on the Site.

If you have any additional questions after reading this Policy or would like to give feedback, contact privacymanager@vivior.com

European Economic Area, United Kingdom and Switzerland Addendum to Privacy Policy

This Addendum to our Privacy Policy (“EU Addendum”) applies to you only if accessing the Site from within the confines of the European Economic Area, United Kingdom and Switzerland. THIS EU ADDENDUM DOES NOT APPLY TO THE UNITED STATES OF AMERICA OR ANY OF ITS TERRITORIES. 

This EU Addendum applies solely to our processing of the Personal Data of data subjects who are in the European Economic Area, United Kingdom and Switzerland, where they use, browse or interact with the Site. This EU Addendum incorporates the applicable provisions of the general Privacy Policy. If any provision in the general Privacy Policy is inconsistent with this EU Addendum, the terms of EU the Addendum shall apply to the processing of Personal Data subject to this EU Addendum. Terms used in this EU Addendum shall have the meaning ascribed to them by the applicable data protection law, including the definition of Personal Data. 

It is important that you read this EU Addendum together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing Personal Data about you so that you are fully aware of how and why we are using your data. This EU Addendum supplements other notices and privacy policies and is not intended to override them, except as noted.

  1. Controller – Vivior Entities
    This EU Addendum is issued on behalf of Vivior and their respective affiliates identified on Exhibit A(collectively, the “Vivior Entities”). Reference to “Vivior,” we,” “us” or “our” in this EU Addendum refers to the relevant company in the responsible for processing your data. Vivior Entities are the Controllers responsible for Processing your Personal Data collected through this website. Vivior is responsible For this Site.

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this EU Addendum. If you have any questions about this EU Addendum, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

  1. Contact details

If you have any questions about this EU Addendum or our privacy practices, please contact our data privacy manager in the following ways:

Full name of legal entity: Vivior Ltd.
Data privacy manager
Email address: privacymanager@vivior.com
Postal address: Bahnhofstrasse 21, CH-6300 Zug

 

  1. Changes to the privacy policy and your duty to inform us of changes
    We keep our Policy, including this EU Addendum, under regular review and may modify it from time to time. It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us.
  2. The data we collect about you on or through the Site
    Personal Data means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

In addition to instances in which we may collect Personal Data about you, as discussed in the Policy we may collect, use, store and transfer different kinds of Personal Data about you which we have grouped together as follows:

  • Identity Data includes first and last name and company name.
  • Contact Data includes email address.
  • Technical Data may include internet protocol (IP) address, geolocation data, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Site.
  • Usage Data may include information about how you use our Site and services.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your Personal Data but is not considered Personal Data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Site feature. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this EU Addendum.

We do not knowingly collect on our Site any Special Categories of Personal Data or Sensitive Data about you, as defined by the applicable data protection law (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, genetic and biometric data, and social security measures).  Nor do we knowingly collect any information about criminal convictions and offences.

  1. If you fail to provide Personal Data
    Where we need to collect Personal Data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.
  2. How is your Personal Data collected?
    We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity and Contact Data by filling in forms on the Site, or by corresponding with us by email using one of the email addresses posted to the Site. This includes Personal Data you provide when you:

  • Submit a question or comment through the “contact us” feature on the Site; or
  • When you send an email to any email address posted to the Site.

Automated technologies or interactions. As you interact with the Site, we will automatically collect Technical Data about you, your equipment, browsing actions and patterns. We collect this Personal Data by using cookies, server logs and other similar technologies.  We may also receive Technical Data about you if you visit other websites employing our cookies, if any.  We use the following analytics providers to help us understand traffic and manage the Site:

Analytics Product

Provider Name (company name)

Type of Data Collected

Google Analytics 

Google LLC
1600 Amphitheatre Parkway, Mountain View, CA 94043 

Technical Data

Bing Webmaster Tools

Microsoft Corporation
1 Microsoft Way, Redmond, VA 98052

Technical Data

Google Console

Google LLC
1600 Amphitheatre Parkway, Mountain View, CA 94043

Technical Data

  1. How we use your Personal Data
    We will only use your Personal Data when the law allows us to. Most commonly, we will use your Personal Data in the following circumstances:
  • When you submit a request for information on the Site, so that we can respond to your request; 
  • When you submit a comment or provide feedback to us on the Site, so that we can act on the feedback and respond to your comment;
  • To send you marketing emails using the information you provided to us on the Site;
  • When you submit an inquiry or apply for work through the use of contact details provided on the Site, so that we can process that information and your application, if any;
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; or
  • Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your Personal Data although we will get your consent before sending third-party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us or using the ‘unsubscribe’ link in our e-mails to you.

  1. Purposes and Lawful Bases for Which We Will Use Your Personal Data
    We have set out below, in a table format, a description of all the ways we plan to use your Personal Data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your Personal Data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your Personal Data where more than one ground has been set out in the table below.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register your interest in our services

(a) Identity
(b) Contact
(c) Technical 

Performance of a contract with you

To manage our relationship with you which will include notifying you about changes to our terms or privacy policy

(a) Identity
(b) Contact
(c) Marketing and Communications 

(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity
(b) Contact
(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)
(b) Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity
(b) Contact
(c) Usage
(d) Marketing and Communications
(e) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences 

(a) Technical
(b) Usage  

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)


To make suggestions and recommendations to you about goods or services that may be of interest to you

(a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Marketing and Communications 

Necessary for our legitimate interests (to develop our products/services and grow our business)

  1. Marketing
    We strive to provide you with choices regarding certain Personal Data uses, particularly around marketing and advertising. We have established the following Personal Data control mechanisms:
  • Thought Pieces and Legal Updates
    We may use your Identity, Contact, Technical, and Usage Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and information may be relevant for you (we call this marketing).

    You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing.

  • Opting out
    You can ask us to stop sending you marketing messages at any time by following the ‘unsubscribe’ link on any marketing message sent to you or by contacting us at any time.

    Where you opt out of receiving these marketing messages, this will not apply to Personal Data provided to us as a result of service we provide to you or to a third party and which may involve your Personal Data.

  1. Cookies

As described in our Privacy Policy, Cookies and Other Web Technologies, we use cookies and tracking technologies on our Site for a variety of reasons including to identify you; remember your preferences; help you navigate our Site; sign up for newsletters, emails, and events; analyze how you use the Site; or help us with marketing and advertising.

Essential and Non-essential Cookies. Essential cookies perform activities that help our Site function or help transmit a communication. Non-essential cookies perform activities that are not strictly necessary to help the Site function. Non-essential cookies may include performance cookies to help us understand how visitors use our Site; advertising cookies to help us make advertising more relevant to you; and analytics and research cookies to identify and analyze how visitors use our Site or test different features.

If you are located in the European Economic Area, we may use non-essential cookies only if you consent. You may withdraw your consent at any time. If you do not consent, our Site will not use non-essential cookies and you may continue visiting our Site. Please note that if you do not consent to the use of non-essential cookies, it may affect the convenience of using our Site and we may not be able to provide you the full benefits, features, or services it offers.

  1. Change of purpose

We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.  We may also use your Personal Data to send you marketing emails. 

Please note that we may process your Personal Data without your knowledge or consent, in compliance with the rules set forth in this Privacy Policy, where this is required or permitted by law.

  1. Disclosures of your Personal Data

We may share your Personal Data with certain third parties, as required for the operation of our business, which includes processors and sub-processors.

  • We will share your Personal Information with some of our affiliates, and business partners and service providers who perform services for us, including in the course of providing services for you.
  • We will share your Personal Information with others when you have given us permission to do so in writing or through user preferences selected on the Site.
  • We will disclose Personal Information without your permission when we believe in good faith that such disclosure is required by law or is necessary to investigate and protect against harmful activity to us, our customers, our employees and others, or its property, including this Site.
  • We may share aggregate data developed from Personal Information with third parties for research, education, or marketing purposes.  Such aggregate data will not include any information that can be used to identify any particular individual.
  • We may share your Personal Information with third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your Personal Data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We contract with our third-party service providers to require that they do not use your Personal Data for their own purposes and to authorize them to process your Personal Data for specified purposes and in accordance with our instructions.

  1. International transfers

We may share your Personal Data within Vivior, which may involve transferring your data outside the European Economic Area (EEA), United Kingdom, or Switzerland.

Whenever we transfer your Personal Data out of the EEA, United Kingdom, or Switzerland, we endeavor to ensure a similar degree of protection.

Please contact us if you want further information on the specific mechanism used by us when transferring your Personal Data out of the EEA, United Kingdom, or Switzerland.

  1. Data retention

We have a data retention policy which dictates how long we retain your Personal Data collected through or on the Site, with the intent that we will retain your Personal Data only for so long as is necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements

  • No fee usually required
    You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
  • What we may need from you
    We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
  • Time limit to respond
    We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
  1. Your Legal Rights

You have the right to:

  • Request access to your Personal Data (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
  • Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios:
    • If you want us to establish the data’s accuracy.
    • Where our use of the data is unlawful but you do not want us to erase it.
    • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims. 
    • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
  • Not to be subject to automated decisions where the decision produces a legal effect or similarly significant effect.
  • Lodge a complaint with the relevant data protection authority in your jurisdiction (for example the Information Commissioner’s Office in the U.K.).

You may opt out of processing where we rely on our legitimate interest as the lawful basis for processing your Personal Data, unless our legitimate interest is not outweighed by your rights and freedoms.

If you wish to exercise any of the rights set out above, please contact us

European Union, United Kingdom and Switzerland Candidate Applicant Addendum

This Addendum to our Privacy Policy (“EU Applicant Addendum”) applies to data subjects in the European Union, United Kingdom and Switzerland who apply for work with us through our Site or using an e-mail address found on our Site, and should be read in conjunction with the European Union, United Kingdom and Switzerland Addendum to our Privacy Policy (whether as an employee, worker or contractor).

If you have provided your Personal Data to us through our Site for recruitment activities this EU Applicant Addendum is designed to make you aware of how and why your Personal Data will be used, namely for the purposes of the recruitment exercise.

  1. The Kind of Information We Hold About You

In connection with your application to work with us submitted through our Site or using an e-mail address found on our Site, we will collect, store, and use the following categories of Personal Data about you:

  • The Personal Data you have provided to us through our Site or using an e-mail address found on our Site.
  1. How is your Personal Data Collected?

We collect Personal Data about candidates from the following source only:

  • You, the candidate.
  1. How We Will Use Personal Data About You

We will use the Personal Data we collect about you as described herein to:

  • Assess your skills, qualifications, and suitability for the role. 
  • Communicate with you about the recruitment process.

It is in our legitimate interests to decide whether to appoint you to work since it may be beneficial to our business to appoint someone to that role. We also need to process your Personal Data to decide whether to enter into a contract of employment with you.

Having received your submission, we will then process that information to decide whether you meet the basic requirements to be considered for a position with our Firm.

  1. Information About Criminal Convictions

We do not envisage that we will process information about criminal convictions. 

  1. Automated Decision-Making

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.

  1. Right to Withdraw Consent

When you apply for a role through our Site or using an e-mail address found on our Site, you provide consent for us processing your Personal Data for the purposes of the recruitment exercise. You have the right to withdraw your consent for processing for that purpose at any time. Once we have received notification that you have withdrawn your consent, we will no longer process your application and, subject to our retention policy, we will dispose of your Personal Data in a manner we deem reasonably secure.

California Resident Addendum to Privacy Policy

This California Resident Addendum to the Privacy Policy (“CA Addendum”) applies to Vivior and their respective affiliates (as defined in the Privacy Policy) and supplements and amends the information contained in Our Privacy Policy with respect to California residents. This CA Addendum applies solely to individuals, visitors, users, and others who are natural persons and residents of the State of California (“consumers” or “you”). THIS CA ADDENDUM TO THE PRIVACY POLICY DOES NOT APPLY TO USERS WHO ARE NOT NATURAL PERSONS AND NOT CALIFORNIA RESIDENTS.

The CA Addendum describes our policies and practices regarding the personal information we collect, use, and disclose about you, including personal information you submit or we obtain when you access the Site, as well as when you:

  • Use our mobile Site or applications,
  • Visit to our offices or attend one of our events,
  • Call or email us,
  • Interact with us on social media, or
  • View our online advertisements

This CA Addendum does not apply to third-party websites accessible through our Site. This CA Addendum is adopted in part to comply with the California Consumer Privacy Act, as amended, including without limitation by the California Privacy Rights Act of 2020 (“CCPA”). Any terms defined within the CCPA have the same meaning when utilized within this CA Addendum. The other provisions of the Privacy Policy continue to apply except as modified or supplemented in this CA Addendum.

Please read this CCPA Section carefully before using the Site or submitting personal information to us. BY ACCESSING OR USING THE SITE, YOU CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS SET FORTH IN THIS CCPA SECTION AND THE TERMS OF USE. If you do not consent to the collection, use, disclosure, and retention of your personal information as described in this CCPA Section, please do not provide us with such information. This CCPA Section does not apply to third-party websites accessible through our Site or other applications.

  1. Personal Information We Collect:We may collect or have collected in the preceding 12 months the following categories of personal information (“PI”). We may add to the categories of personal information we collect personal information. In that case, we will inform you.
  • Identifiers. Examples include real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
  • Other elements. Examples include name, signature, characteristics or description, address, telephone number, passport number, drivers’ license number, education, employment, employment history, bank account number, credit card number, other financial information, medical information, or health insurance information.
  • Characteristics of protected classifications under California or federal law. Examples include race, religion, and age.
  • Commercial information – such as products and services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  • Education information. This includes information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, Sec. 1232g; 34 C.F.R. Part 99).
  • Internet or other electronic network activity. Examples include browsing history, search history, a consumer’s interaction with an internet website, application, or advertisement.
  • Geolocation data. This might include location information while using one of our apps.
  • Audio, electronic, visual, thermal, olfactory, or similar information. Examples of this category including identifiable information obtained about you recorded on voicemail messages, or through one of our premise’s security cameras.
  • Consumer profile. This includes inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, and behaviors.
  • Sensitive Information. Sensitive information means personal information such as a consumer’s social security, driver’s license, state identification card, or passport number; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation; racial or ethnic origin, religious or philosophical beliefs, or union membership; the contents of a consumer’s mail, email, and text messages unless we are the intended recipient of the communication; genetic data; the processing of biometric information for the purpose of uniquely identifying a consumer; personal information collected and analyzed concerning a consumer’s health; and personal information collected and analyzed concerning a consumer’s sex life or sexual orientation.

Personal information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, like:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We retain your personal information for as long as necessary to provide you products and services, to maintain our staffing relationships and needs, and in accordance with our data retention schedule, unless we have deidentified or deleted your personal information in response to a request to delete. We may retain your personal information for longer if it is necessary to comply with our legal obligations or reporting obligations, resolve disputes, collect fees, etc. or as permitted or required by applicable law. We may also retain your Personal Information in a deidentified or aggregated form so that it can no longer be associated with you. To determine the appropriate retention period for your personal information, we consider various factors such as the amount, nature, and sensitivity of your information; the potential risk of unauthorized access, use or disclosure; the purposes for which we process your personal information; applicable legal requirements. 

  1. Purposes for Which We Collect Your Information:Set forth below are the business or commercial purposes for which we have collected your PI. We may change or add to the purposes we collect PI. In that case, we will inform you and obtain your consent when required by law.
  • To provide you with information, products or services that you request from us.
  • To fulfill or meet the reason for which the information is provided.
  • To contact you and/or provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you. For example, we may send you announcements, surveys, and newsletters using any communications preferences you have expressed. We may provide these communications via email, postal mail, online advertising, social media, telephone, text message (including SMS and MMS), push notifications, in-app messaging, and other means. Of course, if at any time you no longer wish to receive such communications, you have the option of unsubscribing from our mailing list for that communication. 
  • To ensure your information is accurate and to personalize our communications to you. For example, we may aggregate your personal information with data from various sources for purposes of keeping information up to date. If you connect your social media services or other accounts to our services, we may use this information to make your experiences with us more personal or share and use it as described elsewhere in this CCPA Addendum and the Privacy Policy.
  • To engage in marketing activities, including to help design products and services appropriate for our clients.
  • To communicate with you in social media concerning our products and services.
  • To carry out our obligations and enforce our rights including those arising from any contracts entered into between you and us, including for billing, payment, and collections.
  • To review, improve, and monitor our Site, applications, online services, and overall client experience, including to provide customization to meet the specific needs, ensure a consistent experience, and to assess trends, interests, and the demands of clients.
  • To provide customer service and engage in quality control activities concerning our products and services.
  • For testing, research, analysis and product and service development.
  • To respond to law enforcement requests and as required by applicable law, court order, governmental regulations, or other lawful processes.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To manage our recruiting efforts and employment and workforce relationships. These activities include, for example,  sourcing and processing employment applications, onboarding employees and contingent workers, and carrying out a range of employments activities relating to the employment relationship, such as compensation, benefits, promotion, discipline, termination, and certain post termination activities.
  • As necessary or appropriate to protect the rights, property, security, and safety of us, our employees, our consumers, our information systems, and the public. For example, we might use cameras in and around our offices.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
  1. Sources of Personal Information.The categories of sources of PI are described below. The examples provided are for illustration purposes and are not exhaustive.
  • You. Examples of when we collect that information include:
    • During a Site visit, or when you visit us at one of our office, locations, or events, or during your interactions with us, such as by email, or when you communicate with our professional online, by phone, or in person.
    • If you upload or share information, submit a request, submit information, or post other digital content through one of our Site, applications or via social media interactions on third-party websites like Facebook or Twitter.
    • If you apply or inquire about employment. 
    • In connection with your interactions with us as a registered user of our Site or online services.
    • We may use tracking tools like browser cookies, flash cookies, and web beacons.
  • Your business connections, investors, other professional service providers, friends, and family, such as when they refer you to us with respect to the products and services we provide.
  • Social media and related services
  • Related Entities and Affiliates. We may collect information about you from our related parties and affiliates, including joint ventures.
  • Service providers and contractors. When you obtain products and services from us or in connection certain employment-related activities, we may collect your personal information from service providers and contractors who collected information about you that is needed to provide those products and services.
  • Information Collected Automatically. As you navigate through and interact with our Site, we may compile statistical information concerning your usage of the Site through analytics services, such as those provided by Google Analytics. To do so, we may collect certain information about your equipment, browsing actions and patterns, including:
    • Details of your visits to our Site, such as traffic data, location data, logs and other communication data and the resources that you access and use on the Site
    • Information about your computer and internet connection, including your IP address, operating system, and browser type.
    • Information about the type of device you are using, mobile ad identifiers, the time and length of your visit, and the website that referred you to our Site.
    • Information about your preferences to make your use of the Site more productive, via the use of Cookies. For more information on Cookies, please see the Cookies and Other Web Technologies section in the Privacy Policy.  While all of this information can be associated with the IP address your computer had while you visited the Site, it will not be associated with you as an individual or with any other information you may submit through the Site or that we may store about you for any other purposes. We may use this information to generate aggregate statistics about visitors to our Site. Please check your web browser if you want to learn what information your browser sends or how to change your settings.
  • The Site contains embedded content (e.g., videos) and Social Media Widgets (e.g., LinkedIn). Embedded content may place third party cookies on your device that track your online activity to enhance your experience or assess the success of their application. Social Media Widgets allow us to integrate social media functions into the Site. These widgets may place third party cookies on your device for tracking and advertising purposes. We have no direct control over the information these cookies collect; please refer to the applicable third party’s website privacy policy for additional information
  1. Disclosures of Personal Information. Of the categories of PI noted above, during the past 12 months, we may have disclosed personal information as described in the chart below.

Categories of Personal Information Disclosed

Categories of Third Parties to Whom Disclosed

Identifiers

 

Other elements

 

Characteristics of protected classifications under California or federal law.

 

Education information.

 

Internet or other electronic network activity.

 

Geolocation data.  

 

Audio, electronic, visual, thermal, olfactory, or similar information.

 

Consumer profile.  


Sensitive Personal Information

  • Third parties as directed by you. We will share your PI with those third parties to whom you direct. For example, in the course of preparing your tax return, you may direct us to share your PI with your personal attorney, investment advisor, or other consultant.

     

  • Our business partners. For example, we might share your PI with one of our business partners for purposes of collaborating on providing services to you, or to invite you to an event we are organizing with the business partner. These business partners should also have their own privacy statements that set out the manner in which they will collect, use, and disclose PI. Where applicable, we encourage you to review each such business partner’s privacy statement before signing on with them.

     

  • Third parties who perform services on our behalf. For example, we share information with certain service providers, including marketing companies, professional service providers, debt collectors, information technology providers, and data storage companies. We might also authorize our service providers to collect PI on our behalf.

     

  • Governmental entities, legal service providers. We may share your PI in order to comply with the law and in the course of providing our products and services. For example, we will disclose PI to federal and state tax authorities in connection with our tax preparation and filing services, or to respond to a court order or subpoena. We may also disclose information if a government agency or investigatory body submits a request.

     

  • Entities as Part of a Transaction.  We may disclose PI in connection with any mergers, acquisitions, asset sales, or other transactions.

We may also disclose your personal information with services providers and contractors who help us provide the products and services, such as, payment processing, marketing and advertising, email, text and other communications, as well as website, software, platform, cloud, data storage and other technical services.

  1. Selling Personal Information. We do not sell or share your PI and have not sold or shared any PI in the preceding 12 months, including any information concerning minors under age 16. We also do not use or disclose your sensitive personal information for purposes that, with limited exceptions, are not necessary in order to provide our products and services as are reasonably expected by an average consumer requesting those goods and services. Except as otherwise noted, we do not track your activities online over time and across third-party websites to provide targeted advertising and therefore do not respond to Do Not Track (DNT) signals.
  2. Consumer Rights: Pursuant to the CCPA, and as detailed below, consumers have various rights with respect to their PI.
  3. Request to Delete:You have the right to request that we delete your PI from our records and direct any service providers or contractors to delete your PI from their records, subject to certain exceptions. Upon receipt of a verifiable consumer request (see below), and as required by the CCPA, We will delete and direct any service providers and contractors to delete your PI from our records.  

We are not required to comply with your request to delete your PI if it is necessary for us (or our service provider) to maintain your PI in order to:

  1. Complete the transaction for which the PI was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you.
  2. Detect security incidents; protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
  3. Debug to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Otherwise use your PI, internally, in a lawful manner that is compatible with the context in which you provided the information.

Upon receipt of a confirmed verifiable consumer request (see below), and as required by the CCPA, we will provide a response.

If you are under the age of 18, and a registered user of any site where this CA Addendum is posted, California law permits you to request and obtain removal of content or information you have publicly posted. You may submit your request using the contact information in the Privacy Policy. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

  1. Request to Know. You have the right to request that We disclose the following to you as it relates to the 12-month period preceding our receipt of your verifiable consumer request:
  1. The categories of PI We have collected about you.
  2. The business or commercial purpose for collecting PI.
  3. The categories of sources from which the PI is collected.
  4. The categories of PI We disclose about you for a business purpose.
  5. The categories of third parties with whom we share PI.
  6. The specific pieces of PI We have about you.

Note, however, with respect to personal information collected on and after January 1, 2022, and to the extent expressly required by applicable regulation, you may request that such disclosures cover a period beyond the 12 months referenced above, provided doing so would not require a disproportionate effort by us. Upon receipt of a verifiable consumer request (see below), and as required by the CCPA, we will provide a response to your request for information.

  1. Right to Request Correction.You have the right to request that We correct any inaccurate personal information we maintain about you, taking into account the nature of that information and purpose for processing it. Upon receipt of a verifiable consumer request (see below), and as required by the CCPA, we will provide a response to such requests.
  2. Nondiscrimination:We will not discriminate against you in violation of the CCPA for exercising any of your CCPA rights. For example, we generally will not provide you a different level or quality of goods or services if you exercise your rights under the CCPA. It also includes an employee’s, applicant’s, or independent contractor’s right not to be retaliated against for the exercise of their CCPA rights.
  3. Submitting Consumer Rights Requests:To submit any of the Consumer Rights requests as outlined above, please contact us at customercare@vivior.com. We reserve the right to only respond to verifiable consumer requests. A verifiable consumer request is one made by any individual who is:
  1. the consumer who is the subject of the request,
  2. a consumer on behalf of the consumer’s minor child, or
  3. by a natural person or person registered with the Secretary of State authorized to act on behalf of a consumer.

What to Submit. If we request, you must provide us with sufficient information to verify your identity and/or authority to act on behalf of the consumer. In general, we may ask you to provide identifying information that we already maintain about you or we may use a third-party verification service. In either event, we will try to avoid asking you for sensitive personal information to verify your identity. We may not be able to respond to your request or provide you with PI if we cannot verify your identity or authority to make the request and confirm the PI relates to you.  However, making a verifiable consumer request does not require you to create an account with us.  Additionally, you will need to describe your request with sufficient detail to allow us to review, understand, assess, and respond. PI collected from an individual to determine whether a request is a verifiable consumer request may not be used for any other purpose.

Our response. We will endeavor to respond to a verifiable consumer request within forty-five (45) calendar days of receipt, but we may require an extension of up to forty-five (45) additional calendar days to respond and we will notify you of the need for the extension.

If you have an account with us, we will deliver our written response to that account.  If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.  Any disclosures we provide will only cover the 12-month period preceding the receipt of your verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. To the extent permitted by the CCPA, We will respond to no more than two requests during any 12-month period.

Authorized Agent. You may authorize a natural person or a business (the Agent) to act on your behalf with respect to the rights under this CCPA Addendum. When you submit a Request to Know, Correct, or Delete, the Agent must provide proof that you gave the Agent signed permission to submit the request, and you either must (i) verify you own identity with the business or (ii) directly confirm with us that you provide permission to the Agent. However, these steps are not required when you have provided the authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465. We reserve the right to deny requests from persons or businesses claiming to be authorized agents that do not submit sufficient proof of their authorization.

  1. Questions:If you have questions about this CA Addendum, please contact us as described above in the Privacy Policy.

EXHIBIT A – Vivior Entities

  • Vivior Ltd.

EXHIBIT B – Vivior Controlled Websites