Services and Software User Agreement
Privacy Policy
USE OF THIS WEBSITE AND ITS SERVICES SIGNIFIES YOUR UNDERSTANDING AND AGREEMENT TO COMPLY WITH THE ENTIRE PRIVACY POLICY STATEMENTVivaty is committed to safeguarding your privacy online. Please read the following Privacy Policy (“Privacy Policy”) to understand how your personal information will be treated as you make full use of our many offerings. As Vivaty reserves the right to amend this Policy from time to time, please check back periodically.
As part of the operations of Vivaty and its related companies, we gather certain types of information about our users through our website. This Privacy Policy explains the types of information we gather, what we do with it and how you may correct or change the information that we may collect.
1. Kinds of Information; How Collected.
There are two kinds of information we can obtain about you:
a. Personal Information: Personal Information is any information that you provide to us that personally identifies you. It may be your first and last name, your home address, your telephone number, age, gender or your e-mail address. Personal information is collected when users voluntarily register for purchases and services. We may also collect the e-mail addresses of friends whom you refer to the site or services and e-mail addresses from users who send us support mail, request technical or other help.
b. Aggregate Information: Aggregate Information is anonymous data collected from you automatically when you use our website. It may be your IP address (a number that is automatically assigned to your computer whenever you're surfing the Internet), browser type (e.g., Netscape or Internet Explorer), and domain (e.g., XYZ.com). None of this information is connected with Personal Information.
2. Use of Information.
a. Personal Information. Collecting your Personal Information enables us to improve our website and services in order to make your online visits more productive. We may use the Personal Information we collect to improve the content of our website and services; to customize the content and/or layout of our website and services for each individual user; to notify users about updates to our website and services or promotional offers or opportunities that we believe will be of interest to users; to, without associating personal information with any individual users’ identifiable personal information (e.g. name and/or contact information), assist our partners in making relevant incentive offers available to users who elect to view such incentive offers, and to investigate violations of our terms and conditions of use.
b. Aggregate Information. We use Aggregate Information to diagnose problems on our website's servers, to administer our website, to help improve the quality of our webpage and services, and for marketing purposes.
3. Third-Parties; Access to Information.
a. Personal Information. We may share Personal Information with consultants and related companies for internal business or research purposes. We may access Personal Information on behalf of third parties for marketing or promotional purposes. We will always request permission to share such information with third parties. You may elect not to participate by clicking or not clicking, as applicable, the appropriate on-screen button or by “opting-out” as provided in the correspondence you receive. In some situations, we may share your Personal Information with third parties who perform a particular service on our behalf. These parties are not allowed to use Personal Information except for the limited purpose of providing the particular service on our behalf. In addition, we may receive analyses of personal usage and demographic information from third parties based on our users’ Personal Information and their visits to our website, and use this information to improve our products and services. We may also divulge Personal Information (i) to protect our interests or property, (ii) to prevent fraud, (iii) to enforce the Vivaty Terms of Service and license agreements, (iv) in connection with a merger or acquisition as necessary on a need-to-know basis, (v) if such information is subpoenaed, (vi) if we believe that membership has been used to commit unlawful acts or acts that may endanger the health or safety of another user or of the general public, or (vii) to law enforcement or other government officials as we, in our sole and absolute discretion, deem necessary or appropriate.
b. Aggregate Information. We may share the Aggregate Information we collect with third parties for advertising and promotional purposes. We may use a third-party company to serve ads when you visit our website or use our services. This company may use Aggregate Information about your visits to our website or your use of our services to provide advertisements on our website about goods and services of interest to you. For this purpose, the third-party company and we may track and note some of the pages you visit on our website.
4. Cookies. A cookie is a small data file that websites store on your hard drive when you visit them. Cookies allow us to determine which areas and features of our website are most popular by measuring user activity, and allow us to improve your user experience by remembering your passwords and viewing preferences, which allows you to visit various parts of our website without re-registering. We may also use cookies when we conduct polls, surveys and chat rooms to limit multiple responses and registrations. Cookies are required for your use of the website and services. If your browser is not set to receive cookies, you will not be able to use the website and services. You may occasionally browse cookies from our advertisers. We do not control these cookies, and these cookies are not subject to our Privacy Policy.
5. Search Terms. As a measure of user interest, we may track search terms that are entered into the search feature of our website or services. Search data and user-provided information help to improve the relevancy of search results by learning user preferences and prioritizing search results accordingly. The intended result is a more efficient search feature for visitors to our website.
6. Surveys and Registration Forms. Our website may post surveys and registration forms in which we ask for Personal Information. We may use this information to send you information about our website and programs, and to give to our third parties who may send you information about their products and services and promotional material.
7. Electronic Newsletters. We may offer free, electronic announcement(s). You will only receive a newsletter if you agree to receive it during registration to our website or services or directly from our newsletter sign-up form. We will not divulge your membership in a newsletter mailing list to any third parties, including advertisers or partners but excluding service providers, if you request that we not do so when you register. If you subscribe to one of our e-mail newsletters, and then decide you do not want to continue receiving such e-mail newsletter, you should follow the procedures for opting-out as will be provided on the newsletter.
8. Opt Out. Our users are given the opportunity to opt-out of receiving promotional and/or marketing information about products, services, and offerings from us and/or any third parties. Promotional e-mail does not include e-mail necessary for our website’s services or e-mails informing you if you win a contest or sweepstakes. To opt-out of promotional e-mail you must uncheck the box saying you wish to receive e-mails about special offers and promotions at the time of registration, or by opting-out as provided in such emails.
9. Children And Privacy. We encourage parents and guardians to spend time with their children Online, and to be familiar with the sites their children visit. At various places on our website, we ask you for your age and/or date of birth. We rely on our users to be truthful in responding to these questions.
a. Individuals Under 13: No Personal Information should be submitted to or posted on our website by users under the age of 13. Individuals under the age of 13 are not allowed to become registered users of our website or participate in any sweepstakes or contests.
b. Individuals 13 through 17: We recommend that individuals between the ages of 13 and 17 seek the permission of their parents or guardians to use our website. If an individual between the ages of 13 and 17 submits or posts information to our website, we may collect such information (including personally identifying information). This information may be used for marketing and promotional purposes by us and may, with the user's permission, be shared with pre-screened third parties. If a user or his/her parent or guardian changes his/her mind with respect to such use, that user, parent or guardian may stop that use by e-mailing us.
10. Subpoenas and Law Enforcement Agencies. We reserve the right to cooperate with government and law enforcement agencies engaged in investigations of activities that are, or which we believe may be, illegal. Further, we may share your Personal Information with such agencies if we believe that a crime or any act that endangers the health and safety of others may have been or may be committed. We may also share your Personal Information in response to an appropriate subpoena.
11. Links To Other Sites/Third Party Advertisers. When you visit our site or use our services, you may be directed to other sites outside our service. These sites may not follow the same privacy policies that we do. These other sites may send their own cookies to users, collect data, or solicit Personal Information in such a way that may be inconsistent with our privacy policy. These other sites are not subject to our privacy policy and we are not responsible for the privacy policies for these other sites, nor for the use of any information that these sites may collect. We do not control the content that appears on these sites. Such sites may contain information that content providers independent of us have created, maintained, published, posted or otherwise made available. The use of any information or materials that you may access at these external sites is purely voluntary. You should not rely on their content without independent and thorough review of the accuracy, completeness, effectiveness, timeliness and correct sequencing. These external sites may also refer to specific commercial products, processes, or services by trade name, trademark, service mark, manufacturer or otherwise. Unless we have provided explicit authority, such references in no way indicate our endorsement, recommendation or preference.
12. Deleting or Modifying Your Information. If you've given us Personal Information in the past and want to delete or update it, please send us an e-mail and put “Delete Information” in the subject matter line and then tell us in the body of the e-mail that you want your information deleted; or put “Update Information” in the subject matter line and then provide your updated information in the body of the your e-mail. We cannot delete or change your Personal Information with third parties.
13. Security of Private Information. To secure the privacy of the data you transmit through the use of our website, we use industry-standard secure server software that encrypts the information you input. In addition, any Personal Information you give us is kept in secure files. Access is limited to only authorized employees or contractors involved with delivering and supporting the service. No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties who are not under our control to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Information, we cannot guarantee with certainty or warrant the security of any information you transmit to us. Any such transmission is done at your own risk. The most any website can do is make reasonable efforts, which is what we do, to protect your information from theft, misuse and alteration.
Under no circumstances, including but not limited to negligence, shall we be liable for any special, incidental or consequential damages that result from the use of the information or materials on our website, even if we (or an authorized representative of ours) have been advised of the possibility of such damages.
14. Feedback and E-mail. Our website has a link to a “feedback” e-mail form so you can comment, make suggestions, and ask questions. Your e-mail address and name are required on this form so we can answer your questions properly. We may also track your browser type and referring URL to better diagnose technical issues you may be having. We do not share this information with third parties and we will use it only to answer your correspondence. We take your electronic privacy seriously. Questions regarding this privacy policy may also be sent to us via email.
We reserve the right to change this Privacy Policy at any time. Any such changes will be posted online and it is up to website users to remain informed of the most current policy.
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