Privacy Policy

Vivido Mobile Inc. ("Vivido") is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from Users of our website, located at www.vividolabs.com, including the products or services on our website, (collectively, the "Website"). For purposes of this Privacy Policy, "Users" include (a) individuals who, personally or on behalf of the company or entity they represent, purchase products or services through our Website ("Customer Users"), (b) individuals who, personally or on behalf of the company or entity they represent, provide products or services through our Website ("Consultant Users"), and (c) individuals who otherwise visit the Website. This Privacy Policy also covers Personal Data we collect from Customer Users in providing products and services to such users and from Consultant Users in receiving products and services from such users. For purposes of this Privacy Policy, the term "you" means you as an individual, and not the company or entity you represent.

 

1.                  User Consent. By submitting Personal Data through our Website, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Data in accordance with this Privacy Policy.

2.                  A Note to Users Outside of the United States. Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.

3.                  Types of Data We Collect. Vivido collects Personal Data from you when you visit our Website, when your purchase or provide products or services through our Website, when we provide to you or receive from you products or services, or when you send us information or communications. "Personal Data" means data that allows someone to identify or contact an individual person, including, for example, the individual's name, address, telephone number, e-mail address, as well as any other non-public information about the individual that is associated with or linked to any of the foregoing data.

3.1              Personal Data You Provide to Us. We collect Personal Data from you, such as your first and last name, e-mail and mailing addresses, phone number, professional title, company name, and password when you create an account to log in to our network. If you are a Consultant User, we also collect your educational information, social security number (for tax purposes), and criminal record information if you are applying to be a remote access consultant for Vivido (for the purpose of evaluating your application, including to perform a background check on you). When you order products or services on our Website, we will collect information necessary to complete the transaction, including your name, credit card information, billing information and shipping information. Note that we use a payment processor to collect your credit card information to process your transaction; we do not collect or store that information ourselves. When you provide products or services on our Website, we will collect information necessary to complete the transaction and make payments to you. We also retain information on your behalf, such as messages that you store using your account. If you provide us feedback or contact us via e-mail, e.g., in response to an employment or consulting opportunity posted on our Website, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply, and any information that you submit to us, such as a resume. We may also collect Personal Data at other points in our Website that state that Personal Data is being collected.

3.2              Personal Data Collected via Technology. To make our Website, products, and services more useful to you, our servers (which may be hosted by a third party service provider) may collect Personal Data from you, including browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit. We also may use Cookies (as defined below) and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and which you viewed. Like most Internet services, to the extent we we automatically gather this Personal Data, we store it in log files each time you visit our Website or access your account on our network. "Cookies" are small pieces of information that a website sends to your computer's hard drive while you are viewing a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Website. Persistent Cookies can be removed by following Internet browser help file directions. If you choose to disable Cookies, some areas of our Website may not work properly.

3.3              Personal Data That We Collect from Others about You.

(a)               For Customer User, our Consultant Users may collect Personal Data from you in providing you products and services and may supply us with such data. We may add this data to the information we have already collected from you.

(b)               For Consultant Users, our Customers Users may collect Personal Data from you in receiving your products and services any may supply us with such data. We may add this data to the information we have already collected from you.

4.                  Use of Your Data

4.1              General Use.

(a)               For all Users, Vivido may use your Personal Data in the following ways: to facilitate the creation and maintenance of your account on our network; identify you as a user in our system; provide improved administration of and quality of experience with our Website, products, and services; send you a welcome e-mail to verify ownership of the e-mail address provided when your account was created; send you administrative e-mail notifications, such as security or support and maintenance advisories; respond to your inquiries related to employment or consulting opportunities or other requests; to provide you with hardcopy or electronic newsletters, or surveys; to send upgrades, special offers, or other promotional materials related to our products and services, or those of our third party partners, and for other marketing purposes of Vivido and our third party partners, should you opt-in to receive such communications by following the instructions we provide.

(b)               For Consultant Users, Vivido may also use your Personal Data to provide Customer Users with products and services and to otherwise develop and market Vivido's products and services, to conduct a background check on you, to pay you for your products and services, and to email or call you from time to time in connection with your products and services.

(c)                For Customer Users, Vivido may also use your Personal Data to provide you with our products and services, to bill you for such products and services, and to email or call you from time to time in connection with such products and services.

4.2              Creation of Anonymous Data. We may create anonymous data records from Personal Data by excluding information (such as your name) that permits the identification of individual persons. We use this anonymous data to analyze request and usage patterns so that we may enhance our Website, products and services. Vivido reserves the right to use and disclose anonymous data to third party companies in its discretion.

5.                  Disclosure of Your Personal Data. Except as otherwise stated in this policy, we do not generally sell, trade, share, or rent the Personal Data we collect to other entities.

5.1              Affiliates. Although we currently do not have a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, "Affiliates"), we may in the future. We may share some or all of your Personal Data with these Affiliates, in which case we will require our Affiliates to honor this Privacy Policy. If another company acquires our company or our assets, that company will possess the Personal Data collected by it and us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

5.2              Disclosures to Third Parties.

(a)               For all Users, Vivido may disclose your Personal Data to our third party services providers to provide the Website, including to provide payment processing services; to conduct quality assurance testing; to facilitate creation of accounts; or to provide technical support. These third party service providers are required not to use your Personal Data other than to provide the Website.

(b)               For Consultant Users, Vivido may disclose your Personal Data to Customer Users who have used, are using, or are interested in using your products and services, and Vivido may disclose your Personal Data to third parties for the purpose of conducting background checks.

(c)                For Customer Users, Vivido may disclose your Personal Data to our Consultant Users to provide products and services to you. Consultant Users are required not to use your Personal Data other than to provide products and services to you.

5.3              Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), Vivido may disclose Personal Data if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on Vivido; or (b) protect or defend the rights or property of Vivido, Consultant Users, Customer Users, or other users of our Website, products or services.

6.                  Changes to Personal Data. You may change any of your Personal Data in your account by logging into your account and choosing to update your profile. You may request deletion of your Personal Data by us, but please note that we may be required (by law or otherwise) to keep this information and not change or delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.

7.                  Security of Your Personal Data. Vivido is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. We also require you to enter a password to access your account information. You must not disclose your account password to unauthorized persons. Despite these measures, you should know that Vivido cannot fully eliminate security risks associated with Personal Data.

8.                  Contact Information. Vivido welcomes your comments or questions regarding this Privacy Policy. Please e-mail us at info@vividoMobile.com or contact us at the following address or phone number:

Vivido Mobile Inc.

Attn: Greg Tomb

3350 Scott; Bldg. #2

Santa Clara CA 95054

408.692.5002

 

9.                  Dispute Resolution. If you believe that Vivido has not adhered to this Privacy Policy, please contact Vivido by e-mail at the email address set forth above. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

10.              Changes to This Privacy Policy. This Privacy Policy is subject to occasional revision, and if we make any substantial changes in the way we use your Personal Data, we will notify you by sending you an e-mail to the e-mail address you provided to us and/or by prominently posting notice of the changes on our Website. Any material changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of our Website, products or services. Please note that at all times you are responsible for updating your Personal Data to provide us with your most current e-mail address. In any event, changes to this Privacy Policy may affect our use of Personal Data that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our Website, products, or services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

 

This Privacy Policy was last revised on October 15, 2009.