VIVALA PRIVACY POLICY

This Privacy Policy ("Policy") explains how CMI Marketing, Inc. ("Vivala," "our," "us" or "we") collects, protects, uses and shares information about you when you use the website located at Vivala.com (the "Site"), as well as our online services operated by us and known as Vivala, including any software, applications, web tools, widgets, plug-ins, components, technologies, or programs that we create(collectively, the "Services") This Privacy Policy applies whether you access the Site directly or through a third party website or via one or more of the Services.

We hope this information increases your confidence in Vivala and enhances your experience on our Site. Each time that you use the Site, you signify that you agree to be bound by the Terms of Service and this Policy. If you do not agree to the terms of this Policy you must discontinue using the Site and our Services.

Changes to the Privacy Policy.

We may change this Privacy Policy from time to time. The most recent version of the Privacy Policy will always be posted on the Site, with the "Effective Date" posted at the top of the Policy. We may revise and update this Privacy Policy if our practices change, as technology changes, or as we add new services or change existing ones. If we make any material changes to our Privacy Policy or how we handle your personal information, or we are going to use any personal information in a manner that is materially different from that stated in our Privacy Policy at the time we collected such information, we will give you a reasonable opportunity to consent to the change. If you do not consent, your personal information will be used as agreed to under the terms of the privacy policy in effect at the time we obtained that information. By using our Site or Services after the Effective Date, you are deemed to consent to our then-current privacy policy. We will use information previously obtained in accordance with the privacy policy in effect when the information was obtained from you.

Information We Collect

The information we gather from users enables us to personalize and improve our Site and Services and to allow our users to set up a user account and profile that can be used to interact with other users through the Site. We collect information in two ways:

  1. When you give it to us or give us permission to obtain it.

    Vivala collects information from you when you register with our Site, update your profile, interact with other users, and use various features of our Site. To register with the Site, we ask you to provide your email address and select a username and password. We also collect certain information including but not limited to birth date and name when you update your profile, provide comments and create posts, respond to surveys or other similar requests for information from Vivala, participate in sweepstakes, games, or other promotions offered on our Site.

    When you provide us with your third party account credentials, to such services as Facebook and Twitter, you understand some content and/or information in those accounts may be transmitted into your account with us. However, information transmitted to our Site from your third party account will be covered by this Policy.

    We may also collect information about you through other methods, including research surveys or information we obtain from third parties, including verification services, data services, as well as public sources.

    You can choose not to provide us with certain information (opt-out), but then you may not be able to register with us or take advantage of some of our Services.

  2. We get technical information when you use our Site or Services.

    When you use Vivala, our servers automatically record information about your activities on the Site and interaction with our Services ("log data"), including information that your browser sends whenever you visit a website or your mobile app sends when you use it to access Vivala. This log data may include your Internet Protocol ("IP") address, the address of the web page you were visiting before or after you came to Vivala, what type of device you are accessing Vivala on, what operating system you are using, your browser type and settings, the date and time of your access, and how you used Vivala.

    We may use "cookies" (a small text file sent by your computer each time you visit our Site, unique to your account or your browser), or similar technologies to record log data. Cookies we utilize on the Site may include session ID cookies, persistent cookies, or more advanced technology such as HTML5 or Media Stamp. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file. You may configure your browser to prevent cookies from being set on your computer. If you reject cookies your ability to use the Site and Services may be limited and you may not be able to use certain features of the Site, including entering sweepstakes or contests.

    Similar cookies and other technologies are used by our partners, which may also include Flash cookies, which are a form of persistent cookies technically called "Local Shared Objects" (LSOs). Flash cookies are set through a mechanism in Adobe Flash Player. With Flash cookies your data is stored in multiple places and it may be restored once you delete it. Please check with your browser's site on the most updated information on how to delete Flash cookies. HTML5 or Media Stamp technology has a local storage feature that, when used, allows for quicker access to a website upon a return visit. HTML5 is currently supported by some mobile devices and desktop browsers. HTML5 Media Stamp data is not stored in a browser's "cookies" file.

    Our Services may contain web beacons (also known as pixel tags). These web beacons allow us and our partners to count users who have visited a web page or opened a newsletter, as well as to collect the other types of information.

    In some cases, we will have an "affiliate" relationship with merchants linked to from our Site or Services. If you purchase an item after clicking on one of these links, we will be informed that you have done so.

    We do not knowingly collect or solicit personal information from anyone under the age of 16 or knowingly allow such persons to register for the Site or use our Services. If you are under 16, please do not attempt to register on the Site, use the Site or the Services, or send any information about yourself to us. In the event that we learn that we have collected personal information from a child 16 years of age or younger, we will delete that information as quickly as possible. If you believe that we may have any information from or about a child 16 years of age or younger, please contact us at squad@vivala.com

How We Use the Information We Collect

For purposes of this Policy, the information we collect that is associated with a single user or combined in the aggregate is known as "Data." We keep Data no longer than necessary for legitimate business purposes or as required by law.

We use the Data we collect, including both personally identifiable information ("PII") and non-PII in both aggregated and individual forms, to improve the Site and our Services and to protect Vivala and our users. We may also combine the Data we have collected with similar types of data provided by third parties.

Data that we collect will be used for purposes consistent with this Policy, including, but not limited to:

  • offer you customized content, such as helping you to discover other users' boards, topics you may like or to provide tailored advertising;
  • send you service-related announcements, marketing materials, and other information that may be of interest to you;
  • respond to any questions;
  • diagnose and troubleshoot server malfunctions;
  • track user movement in the aggregate; and
  • gather broad demographic information.

On occasion, we are able to offer you special products or services through a relationship with a third party. In those cases, the offer will be brought to you by Vivala and fulfilled by the third party. If you accept the offer, you will become a customer of the company that is fulfilling the offer and we will not have control over their use of the PII that you provide to them when you accept the offer.

Also, we may offer sweepstakes and other promotions in conjunction with a sponsor. By participating in a promotion, you submit to that promotion's terms and conditions including providing us with permission, if required, to share your PII with a particular sponsor.

In the event that Vivala, substantially all of its assets, or a line of business is sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, or in the event of an insolvency, bankruptcy or receivership, our users' Data may be one of the assets sold or merged in connection with that transaction. Data about our users may also need to be disclosed in connection with a commercial transaction where Vivala or an affiliate, is seeking financing, investment, support or funding.

We may, without your consent, access and disclose your information, any communications sent or received by you, and any other information that we may have about you or your account as may be permitted or required by law (including, but not limited to, court order or subpoena), or to prevent or investigate suspected fraud, violations of our Terms of Service, or activity that appears to us to be illegal or may expose us to legal liability. Additionally, we may disclose your information in situations that we believe to be emergencies involving potential threats to the physical safety of any person or property if we believe that your information in any way relates to that threat.

Behavioral Advertising

We use third parties to collect information about your visits to the Site and your interaction with our Service. They may also use information about your visits to the Site and other websites to target advertisements for goods and services for themselves, for third party advertisers or for our affiliates, when you visit other websites that we own or for which we have the right to serve advertisements. This information is collected through the use of pixel tags or cookies, which are industry standard technologies, used by most major websites. The information collected includes IP addresses, domain, browser type and language, referring website addresses, date/time of visits, page view data, and search keywords. We do not knowingly permit personally identifiable information to be collected or used from our Site by third parties for behavioral advertising, nor will we ever combine anonymous information with any personally identifiable information for purposes of behavioral advertising. In addition, we comply with the NAI self-regulatory guidelines (which you can download here:http://www.networkadvertising.org/sites/default/files/imce/principles.pdf ).

You may opt-out of the use of your Data for behavior advertising purposes by us by clicking here. To learn more about online behavioral advertising generally, and to know your choices about not having this information used by a third party service provider, please visit these sites:http://www.networkadvertising.org/managing/opt_out.asp and http://www.aboutads.info/choices/. Please note that if you change browsers or computers, or delete the cookies on your computer, you may need to opt-out again.

Third Party Websites

Vivala contains links to third party websites. Any information you provide to these third parties is beyond our reach and is subject to the privacy policies of those third party websites. We are not responsible for the privacy practices or the content of these websites or any other websites linked to or referenced on our Site.

A Note to Users Based Outside of the United States: Our computer systems are currently based in the United States, so your PII will be processed by us in the United States, where data protection and privacy regulations may be different than other parts of the world, such as the European Union. If you create an online account to use the Site as a visitor from outside the United States, you will have agreed to the terms of the Privacy Policy and our Terms of Service and you will have consented to the transfer to and processing of all such information in the United States, which some believe does not offer an equivalent level of protection of that in the European Union or certain other countries.

Security

No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk.

We take reasonable steps to protect information we collect from you to prevent loss, misuse and unauthorized access, disclosure, alteration, and destruction. If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Site or the Services or providing PII to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Site and the Services. We may post a notice on our Site if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

Third Party Comment System

We use a third party online comment system called Disqus. Disqus is a third party application that allows visitors to post comments on our Site and connect those and other comments across multiple sites, including third party websites. To post a comment, you will have to login to Disqus and provide some of your personal information to Disqus using one of several options. Among the login options, we provide a single-sign-on feature for your convenience via which you can login to Disqus using the credentials you provided when registering for the Site. If you use that option, we will provide Disqus with your user id, user name, email address and other information.

Disqus is not acting as our agent. When you post a comment on the Site, Disqus will collect information about your visit to this and other sites, including the information you post and your IP address. If you register with and use Disqus, Disqus may collect and use other information from and about you. This policy does not apply to, and we are not responsible for, Disqus' collection or use of your PII or other information. We encourage you to review Disqus' privacy policy to learn more about its privacy practices here: https://help.disqus.com/customer/portal/articles/466259-privacy-policy

Your Choices

If you registered with Vivala, many of the choices you have regarding your information on Vivala are accessible through your account settings. For example, on the account settings you can choose whether you want to link or unlink your Facebook or Twitter accounts. You can alter this setting at any time.

Since your account information is accessible by logging in with your individual screen name and password, we ask that you take certain precautions with your screen name and password. Do not disclose your password to any other person and please advise us immediately if you believe your password has been misused. In addition, always logout and close your browser when you finish your session. Please note that we will never ask you to disclose your password in an unsolicited phone call or email.

If your personal information changes in any way, we invite you to correct or update your information as soon as possible. You can make updates to your profile information by logging into your account on the Site at any time.

You may also close your account at any time. We may retain archived copies of your information as required by law or for legitimate business purposes.

Your California Privacy Rights.

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the address referenced below.

Waiver

VIVALA ASSUMES NO RESPONSIBILITY OR LIABILITY WITH REGARD TO ANY THEFT, LOSS, ALTERATION OR MISUSE OF PERSONAL OR OTHER INFORMATION LAWFULLY PROVIDED BY VIVALA TO THIRD PARTIES, OR WITH REGARD TO THE FAILURE OF ANY THIRD PARTY TO ABIDE BY THIS PRIVACY POLICY OR AGREEMENT BETWEEN THAT THIRD PARTY AND VIVALA.

Contacting Us.

If you have any questions about this Privacy Policy, or the practices of this Site, please contact us at squad@vivala.com

Or write to us at:

Privacy Department - Vivala
417 Fifth Avenue, 7th Floor
New York, NY 10016