Privacy Policy

Last Updated on July 15, 2022

IMPORTANT NOTICE: At Impactiv, Inc d/b/a Vivo (“Vivo” also referred to as “we,” “us,” and “our”), our mission is to improve the lives of senior citizens and other members of our communities on their fitness journey.  We take data privacy and security seriously and believe in transparency.  Therefore, please review this privacy policy that will tell you more about the following:

	HOW WE TREAT YOUR PERSONAL INFORMATION; and
	WHAT CHOICES AND RIGHTS YOU HAVE IN THIS REGARD

YOUR ACCESS TO AND USE OF THE PLATFORM SIGNIFIES THAT YOU HAVE CAREFULLY READ, AND UNDERSTAND AND AGREE TO ALL TERMS WITHIN THIS PRIVACY POLICY.  BY USING THE PLATFORM OR ENGAGE IN COMMUNICATIONS WITH US, YOU CONSENT TO THE COLLECTION, USE AND TRANSFER OF YOUR PERSONAL DATA FOR PROCESSING IN THE UNITED STATES AS DESCRIBED IN THIS PRIVACY POLICY.

Vivo’s Platform is housed on servers in the United States. If you are located outside of the United States, please be aware that information we collect (including cookies and device data) will be processed and stored in the United States, a jurisdiction in which the data protection and privacy laws and principles, including your data subject rights, may not offer the same level of protection as those in the country/region where you reside or are a citizen.

I.     INTRODUCTION

This privacy policy (the “Policy”) relates to the Personal Data we collect, use, share, and otherwise process as part of our business from individuals who use or interact with our services, website, and web-based applications (“you” or “your”).

What is “Personal Data”? “Personal Data” means information that can be used to identify you, directly or indirectly, alone or together with other information. This includes things such as your full name, contact information, email address, phone number, device IDs, certain cookie and network identifiers, “Fitness and Wellness Data”, and other categories described below.  We may create de-identified or anonymous data from Personal Data by excluding and removing data components (such as your name, email address, or linkable tracking ID) that makes the data personally identifiable to you, through obfuscation, or through other means (“Aggregated Data”). Our use of Aggregated Data is not subject to this Policy.

How does this Policy apply?  This Policy applies to the processing of Personal Data when you visit our website https://teamvivo.com/ (the “Site”), use Vivo applications (“Mobile App”), or access any features, subdomains, content, functionality, services, media, applications, or solutions offered on or through the Site or Mobile App (collectively referred to as the “Platform”).  By accessing and using the Platform, or by otherwise signaling your agreement when the option is presented to you, you consent to the collection, use and disclosure of information described in this Policy. This Policy only governs the Platform, and it does not govern off-line data collection or any other website or service operated by third parties that do not specifically refer to this Policy. Any materials submitted through the Platform and your use of the Platform are subject to the Terms of Service at https://teamvivo.com/terms-and-conditions/ .

II.     HOW DO WE COLLECT AND PROCESS YOUR PERSONAL DATA?

We collect and process your Personal Data in a number of ways and for various purposes set forth in the Table 1 below.

Table 1:

Category	Types of Data and Purpose
Account Information	Our Platform supports senior citizens and other individuals (each referred to as a “User”) through their fitness journey by providing online fitness classes and other offerings (“Services”).  We collect your Personal Data when you access and use certain features of the Platform and our Services, or otherwise interact with us, including when you register for an account, purchase a subscription (including processing of payment), or otherwise use the Services (e.g., browse the content available on the Platform), or when you ask us to customize our Services. The Personal Data may include your account log-in information (including the username and password) that you create for your account, full name, street address, email, phone number, emergency contact information, signature (via e-Sign application for registration).
Fitness and Wellness Data	We collect Fitness and Wellness Data when you access and use certain features of the Platform and our Services, and when you fill out questionnaires in order for us to assess and recommend the subscription Services that meet your fitness-related goals. “Fitness and Wellness Data” includes fitness- and health-related data that you choose to provide us, including your physical characteristics or description, e.g., height, weight, measurements, fitness level, dietary habits, dietary restrictions, fitness activity, fitness goals, lifestyle (e.g., sleeping habits and duration), life events and health history, fitness goals, heart rate, Body Mass Index (BMI), alcohol and caffeine consumption, whether you are a smoker or non-smoker, steps you’ve taken, distance walked, aerobic steps, calories burned, low movement, high movement, and similar types of data relating to physiological conditions and activities. We process Fitness and Wellness Data to (i)     provide the Services and to tailor features, and services to your interests and goals, including reporting and analytics, workout plans, and other fitness-related services, and product recommendations offered or recommended by us or our partners; (ii)    honor our terms of use and contracts, to ensure the privacy and security of our Platform and Services, and (iii)  to manage our relationships with you, and keep records of our communications with you.
User Content	To the extent our Platform provides a User the option to display, upload or publish content (“User Content”) to the Platform related to our Services (subject to your compliance with our Terms of Service at https://teamvivo.com/terms-and-conditions/), we will collect information associated with the content from the User which may contain Personal Data.  This feature, when made available, will be entirely optional to our User(s).
Usage Data	We automatically collect the following information when you interact with our Platform: (1) Site: We automatically collect information from your browser or device when you interact with our Site, which may include the date and time of your visit as well as your location, Internet Protocol (IP) address, unique device identifier, device type, browser type, data about which pages you visit, support document searches, features enabled for your account, and interactions with other parts of our Site. (2) Wearable or other connected device(s): We also collect Personal Data, including Fitness and Wellness Data, when you use a device that is connected to the Internet, such as heart rate monitors, activity trackers, and other devices or wearables that integrate with the Services or Mobile App.  When you use a wearable or connected device or product, we may also collect certain information about the device or product such as serial number, Bluetooth address, barcode, or other device- or purchase-related information, in addition to the above. (collectively, “Usage Data”). We process Usage Data to analyze use of the Platform and our Services, to operate the Platform, to serve you the content and functionality you request, to ensure the privacy and security of our Platform and Services, to develop new Services, to enhance your experience, to track visits to the Platform, and to provide you with a more personal and interactive experience on the Platform, and for usage analytics.
Payment Information	If you choose to purchase a Services, in addition to your Account Information, our third-party payment processor will collect your billing address, your credit card information (credit card number, name on card, security code, expiration date, and CVV); email address; and billing zip code (“Payment Information”).  By submitting your Payment Information, our payment processor may share invoices or such other transactional documents that may contain your financial information.
Social Network Information	You may connect with us through a third-party social network, such as Facebook, Twitter, LinkedIn and other networks (each, a “Linked Site”).  In addition, our Platform offers features that will allow you to share information from our Platform to a Linked Sites or share information from the Linked Sites.  If you decide to use such features, they may allow the sharing and collection of information both to and from such Linked Sites so you should check the privacy policy of each Linked Sites before using such features.
Cookies and Similar Technologies	When you visit the Platform, we collect cookies and use similar technologies as described in the “Cookies and Similar Technologies” Policy, which supplements this Policy.  If you choose to disable cookies and similar technologies, some areas and features of the Platform may not work properly.  Please see the “Cookies and Similar Technologies” section of this Policy for more information.
Professional & Employment-related Information	To the extent you are a Trainer, an employee of us, or an applicant for a job opening posted on our Site, we process your Personal Data as follows: Trainers: If you are a trainer who will run the online classes on our behalf (“Trainer”), we may collect your Personal Data, such as name, image, contact information and professional profiles (which may include your professional profile), to facilitate delivery of our Services to Users. Job Applicants: In accordance with applicable law and in connection with your application for employment opportunities with us, or request information regarding such opportunities, we may collect Personal Data about you from you and/or other third parties, such as education information, employment history, certification status, social media websites/applications, former employers, background check providers, and others, to supplement, update, or verify the information we already hold about you in order to process your application for consideration as an employee.  We may also ask you to provide personal information about third parties to use as references, answer questions about your credentials, solicit reference, or for other reasons.  If you provide personal information about a third-party you expressly represent and warrant to us that you have the full right and lawful authority to provide us the information. Finally, we may also collect your and/or your family members’ personal information from you to facilitate or otherwise engage in employment-related activities such as salary payment, employee benefits, performance evaluation and assessment, and similar HR-related matters, which may be subject to additional privacy statement made available to you in connection with these HR activities, and for which we have a legitimate business purpose to operate our HR business operations, Services, and Platform.
Feedback or Support Inquires	If you provide us with feedback, submit a request for product or service demo, or respond to surveys, we will collect your name, email address, phone number, and any written correspondence or comments provided by you.
Communication Data	If you contact us through the Site or subscribe to receive promotional materials or information (“Messages”) via email and/or push notification, we collect your Personal Data, such as email address, IP address, and the content of your correspondence to us, which may be considered sensitive information.  If you choose not to further receive marketing communications, you may (i) opt out by logging into your account with the Platform to manage or unsubscribe these communications, or (ii) follow instructions contained in our marketing communication to opt-out of receiving future communications.  For further details regarding your choice, please refer to the “Rights And Choices Regarding How We Use or Disclose Your Personal Data” section below.
Personal Data from Third Party Sources	Information You Provide about a Third Party: If you send someone else a communication from the Site, such as an invitation or a gift to a friend, the information you provide (e.g., names, email addresses, mobile number, etc.) will be used to facilitate the communication. You need to ensure that you have the recipient’s permission to use his or her information for this purpose. When you use any send-to-a-friend functionality on our Site, your email address, mobile number, name or username and message may be included in the communication sent to your addressee(s).

Is entry of Personal Data required? The entry of Personal Data is required to access certain portions of the Platform.  You may choose not to provide us with any Personal Data and may still access certain portions of the Platform but will not be able to access those portions of the Platform that require your Personal Data.

Other Processing Activities. We may process any of the Personal Data identified in this Policy when necessary for:

• The de-identification and aggregation of Personal Data and Fitness and Wellness Data to become Aggregated Data for purposes of analytics, innovation, research and to provide enhanced services to our customers and end-users;
• The establishment, exercise, or defense of legal claims, whether in court, administrative, or other proceedings;
• Obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice; and
• Purposes that are consistent with, related to and/or ancillary to the purposes and uses described in this Policy for which your Personal Data was provided to us.

We do not use Personal Data for making any automated decisions affecting or creating profiles other than as described herein.

III.     HOW DO WE SHARE OR DISCLOSE YOUR PERSONAL DATA?

We may share your information in the following contexts.  If we are acting as a data processor or service provider, disclosures in the following contexts will be limited in accordance with the instructions from the data controller or business.

Table 2 Recipients

Category	Context
Corporate Affiliates and internally to relevant departments	We may share your Personal Data with our corporate subsidiaries and affiliates and with their respective officers, directors, employees, accountants, attorneys and agents. We may share your Personal Data internally to relevant departments within Vivo, in order to provide and improve Services, for marketing purposes, and for advertising.
Service Providers	We may share your Personal Data with our service providers that need access to your Personal Data to provide operational or other support services on our behalf.  Among other things, service providers help us to administer the Platform; support our provision of Services requested by you; send marketing promotions and communications to you about our Services; provide payment processing; provide technical support; improve and personalize the Services, and assist with other legitimate purposes permitted by law.
Legal Obligations and Rights	We may disclose your Personal Data in response to subpoenas, warrants, court orders or other legal process, or to comply with relevant laws.  We may also share your Personal Data in order to establish or exercise our legal rights, to defend against a legal claim, and to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our Terms of Service or other contracts.  We may also disclose Personal Data as needed to protect vital interests (where there’s a life-or-death circumstances).
Acquisitions and Similar Transactions	We may share your Personal Data in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our company assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by us is among the assets transferred.
Disclosures with Consent	We may ask, from time to time, if you would like us to share your Personal Data with other unaffiliated third parties who are not described elsewhere in this Policy.  We will disclose your Personal Data in this context with your consent.
Professional Advisors	We may share your Personal Data with our insurers and other professional advisors, including attorneys and accountants, that need access to your Personal Data to provide operational or other support services on our behalf.
Other Users	When a User creates an account and chooses to upload User Content to the Platform, attends training classes, the information contained in the User’s public profile, content displayed on or uploaded to the Platform (including a User’s image, audio recording, and video captured during the shared online sessions) may be viewable to other Users on the Platform who are given access to User’s profile and content or who attend the same online classes with the User who chooses to have his or her camera on during the training sessions.

IV.     HOW LONG DO WE STORE AND PROCESS YOUR PERSONAL DATA?

We retain and use your Personal Data for as long as you maintain an account, as otherwise necessary to provide you the Services, as necessary to fulfill the purposes for which it was collected, to comply with our business requirements and legal obligations, to resolve disputes, to protect our assets, to pursue legitimate business purposes, and to enforce our agreements.

We take reasonable steps to delete the Personal Data we collect when (1) we have a legal obligation to do so, (2) we no longer have a purpose for retaining the information, and (3) if you ask us to delete your information, unless we determine that doing so would violate our existing, legitimate legal, regulatory, dispute resolution, contractual, or similar obligations.  We may also decide to delete your Personal Data if we believe it is incomplete, inaccurate, or that our continued storage of your Personal Data is contrary to our legal obligations or business objectives.  When we delete your Personal Data, it will be removed from our active servers and databases; but it may remain in our archives when it is not practical or possible to delete it.

To the extent permitted by law, we may retain and use Aggregated Data for performance reporting, benchmarking, and analytic purposes and for product and service improvement.

V.     HOW DO WE PROTECT YOUR PERSONAL INFORMATION?

We have put security measures in place to protect the Personal Data that you share with us from being accidentally lost, used, altered, or disclosed or accessed in any unauthorized manner.  From time to time, we review our security procedures to consider appropriate new technologies and methods.  We use reasonable security measures when transmitting Personal Data to consumers in responding to requests under applicable data protection or privacy laws.  We have also implemented reasonable security measures or protocols to detect fraudulent identity-verification activity and to prevent the unauthorized access to, disclosure or loss of Personal Data.

While our security measures seek to protect the Personal Data in our possession, no security system is perfect, and no data transmission is 100% secure.  As a result, while we strive to protect your information, we cannot guarantee or warrant the security of any information you transmit to or from the Platform. Your use of the Platform is at your own risk.  We cannot guarantee that your data will remain secure in all circumstances.

The safety and security of your Personal Data also depends upon you.  Where you use a password for access to restricted parts of the Platform, you are responsible for keeping your password confidential.  Do not share your password with anyone.

Links to Other Websites. Please note that this Policy does not apply to the practices of companies that we do not own or control or to people that we do not employ or manage.  Our Services may provide a link or otherwise provide access to Third Party Sites.  We provide these links merely for your convenience.  We have no control over, do not review, and are not responsible for Third Party Sites, their content, or any goods or services available through the Third Party Sites.  Our Policy does not apply to Third Party Sites, and for any data you provide to Third Party Sites, you agree that you are providing at your own risk.  We encourage you to review the privacy policies of any Third Party Sites that you interact with.

VI.     RIGHTS AND CHOICES REGARDING HOW WE USE OR DISCLOSE YOUR PERSONAL DATA

You may adjust the setting of your Mobile App or your account, or use the “Contact Us” details at the end of this Policy to exercise your rights and choices under this Policy.  If you would like to manage, change, limit, or delete your Personal Data, or if you no longer want to receive any push notifications or email contact from us in the future, such requests may be submitted via the “Contact Us” details at the end of this Policy.

Communication Preferences. If you no longer wish to receive communications from us via email, you may opt-out of certain types of communications (as described below) by clicking the “unsubscribe” link at the bottom of our emails or by contacting us at the “Contact Us” details provided at the end of this Policy and providing your name and email address so that we may identify you in the opt-out process.  Once we receive your instruction, we will promptly take action.

• Communications Regarding Our Services. We will send you email notifications and free newsletters from time to time with offers, suggestions and other information. You may “opt-out” from receiving such communications by following the “Unsubscribe” instructions provided in the email.

• Legal or Security Communications. We also send out notices that are required for legal or security purposes. For example, certain notifications are sent for your own protection. In other cases, these notifications involve changes to various legal agreements, such as this Policy or the Terms of Service.  Generally, you may not opt out of such emails.

• Account and Order Communications. If you subscribe to our Services, we may send you communications regarding such Services. We may also send communications providing customer support or responses to questions regarding the operation of the Services.  Generally, you may not opt out of such emails.

Online Tracking Signals. We do not currently recognize browser settings or signals of tracking preferences, which may include “Do Not Track” instructions.  “Do Not Track” is a web browser setting that seeks to disable the tracking of individual users’ browsing activities.  We adhere to the standards set out in this Policy and do not currently respond to “Do Not Track” signals on the Platform or on third-party websites or online services where we may collect information.

Accuracy and Updating Your Personal Information. Our goal is to keep your Personal Data accurate, current, and complete.  If any of the Personal Data you have provided to us changes, please update it in your user/account profile, or let us know via the “Contact Us” details at the end of this Policy.  For instance, if your email address changes, you may wish to let us know so that we can communicate with you.  If you become aware of inaccurate Personal Data about you, you may want to update your information.  We are not responsible for any losses arising from any inaccurate, inauthentic, deficient, or incomplete Personal Data that you provide to us.

Complaints. If you believe that your rights relating to your Personal Data have been violated, you may lodge a complaint with us by contacting us via the “Contact Us” details at the end of this Policy.

VII.     Cookies and Similar Technologies

1.     First and Third-Party Cookies

A “cookie” is a small file created by a web server that can be stored on your device (if you allow) for use either during a particular browsing session (a “session” cookie) or a future browsing session (a “persistent” or “permanent” cookie). “Session” cookies are temporarily stored on your hard drive and only last until they expire at the end of your browsing session. “Persistent” or “permanent” cookies remain stored on your hard drive until they expire or are deleted by you. Local stored objects (or “flash” cookies) are used to collect and store information about your preferences and navigation to, from, and on a website. First-party cookies are set by the website you’re visiting, and they can only be read by that site. Third-party cookies are set by a party other than that website.  You can block and control cookies using the information noted below. If you block all cookies, certain functionalities on our Site may not work.

2.     Other Third Party Technologies

In addition to cookies, there are other automatic data collection technologies, such as Internet tags, web beacons (clear gifs, pixel tags, and single-pixel gifs), and navigational data collection (log files, server logs, etc.) that can be used to collect data as users navigate through and interact with a website:

• Web Pixels or Beacons Use: Pixels are extremely small image files that, when loaded by your web browser, cause the browser to make a network request to the party corresponding to the pixel. If that party’s cookies are currently stored in your browser, those cookies will be transmitted with the request.  Beacons can be used on web pages for advertising or to confirm the opening of a marketing email.  When used in conjunction with cookies for interest-based-advertising, the cookie controls above can be used to control the purpose for which they are used.

• HTML5 Local Storage: HTML5 Local Storage in the browser is different from cookies, but can be used for the same purpose (to pair a tracking ID to a particular web server with your web browser so that the web server can identify your web browser over time). You can control the purpose for which HTML5 Local Storage is used by using the cookie controls outlined above.

• Social Widgets: These are buttons or icons provided by third-party social media platforms that allow you to interact with social media services when you view a webpage or mobile app screen. These social widgets may collect browsing data, which may be received by the third party that provided the widget and are controlled by third parties. For example, if you click the Facebook, YouTube, or LinkedIn logos at the bottom of our webpage, these logos may take you to these Linked Sites, that may collect the information that you are referred from our Site to such 3^rd party Linked Sites.

• UTM Codes: These are strings that can appear in a URL (the “Uniform Resource Locator,” which is typically the http or https address entered to go to a webpage) when you move from one web page or website to another. The string can represent information about browsing, such as which advertisement, page, or publisher sent the user to the receiving website.

We do not control these third parties’ technologies or website or how they may use your data once you are referred to these third-party websites. If you have any questions, you should contact the responsible party directly or consult their privacy policies.

3.     What Cookies and Similar Technologies Are in Use and Why Do We Use Them?

Google Analytics. We use Google Analytics to collect and process statistical data about the number of people using the Site and to better understand how they find and use the Site.  The data collected includes data related to your device/browser, your IP address, and on-site activities to measure and report statistics about user interactions on the Site.  Any data collected is used in accordance with this Policy and Google’s privacy policy.  You may learn more about Google Analytics by visiting:

https://policies.google.com/technologies/partner-sites and;

https://support.google.com/analytics/answer/6004245.

You can learn more about Google’s restrictions on data use by visiting the Google privacy policy at: https://policies.google.com/privacy.  To opt-out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout and install the opt-out browser add-on feature.  For more details, visit the “Google Analytics opt-out browser add-on” page (located at https://support.google.com/analytics/answer/181881?hl=en).

Pardot: We also use Pardot to tracks visitor and prospect activities on our Site and landing pages by setting cookies on your browsers. Pardot is a marketing automation solution provided by the Salesforce company.  Any data collected is used in accordance with this Policy and Salesforce privacy policy.  You may learn more about Pardot by visiting:

https://www.salesforce.com/eu/gdpr/pardot/

https://help.salesforce.com/s/articleView?id=sf.pardot_basics_cookies.htm&type=5

You can learn more about Salesforce’s restrictions on data use by visiting the Salesforce privacy policy at: https://www.salesforce.com/company/privacy/.  You may opt-out of Pardot by following instructions contained in the “Choice About Cookie” section below.

4.     Choices About Cookies

Most web browsers are set by default to accept cookies.  If you do not wish to receive cookies, you may set your browser to refuse all or some types of cookies or to alert you when cookies are being sent by website tracking technologies and advertising.  You may adjust your browser settings to opt out of accepting a “persistent” cookie and to only accept “session” cookies, but you will need to log in each time you want to enjoy the full functionality of the Site.

Please be aware that, if you decline the use of cookies, you may not have access to the full benefits of the Site.  Further, your opt-out only applies to the web browser you use, so you must opt out of each web browser on each computer you use.  Once you opt out, if you delete your browser’s saved cookies, you will need to opt out again.  In addition, adjusting the cookie settings on the Site may not fully delete all of the cookies that have already been created.  To delete them, visit your web browser settings after you have changed your cookie settings on the Site.  Additional information is provided below about how to disable cookies or manage the cookie settings for some of the leading web browsers:

Google Chrome:        https://support.google.com/chrome/answer/95647?hl=en

Firefox:           https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Internet Edge:            https://support.microsoft.com/en-us/microsoft-edge/delete-cookies-in-microsoft-edge-63947406-40ac-c3b8-57b9-2a946a29ae09

Safari: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac and https://support.apple.com/en-us/HT201265

Further, Google provides you choices on how your information is collected by Google Analytics by offering you an Opt-out Browser Add-on which can be located at: https://tools.google.com/dlpage/gaoptout?hl=en.

By installing this Add-on, Google tells us that no information will be sent to Google Analytics.

To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website at:

https://www.macromedia.com/support/documentation/en/flashplayer/help/help09.html.

For more information on how to modify your browser settings to block or filter cookies, visit http://www.aboutcookies.org/ or http://www.cookiecentral.com/faq/.

VIII.     CALIFORNIA PRIVACY RIGHTS

Summary: If you are a resident of California, the following provisions apply to our processing of information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household (“Personal Information”, which is also Personal Data as defined in this Policy).  Under California law, the exercise of these rights is subject to certain exemptions to safeguard the public interest (e.g., the prevention or detection of crime) and our interests (e.g., maintaining confidentially when legally required ).  We will comply with your request as soon as reasonably practicable. Requests to exercise your rights may be granted in whole, in part, or not at all, depending on the scope and nature of the request and applicable law.  To prevent unauthorized access to your Personal Data, we take steps to verify an individual’s right to the data, including requiring Users to reach out to us directly from a verified email address, pass a challenge response, and/or confirm information associated with the account.  Following verification of your identity, we will notify you if we are unable to fulfill your request and outline the reasons we are unable to honor your request at this time.  For California consumers, the provisions of this Section VIII prevail over any conflicting provisions in other sections of this Policy.

Data Categories: We have collected the following categories of Personal Information within the last 12 months from the sources listed below:

Table 3: Data Category Table under the California Privacy Laws

Please see the “How do We Collect and Process Your Information Section to learn more about the types of information we collect and how we collect them.

Use of Personal Information:  We use the categories of Personal Information listed above to provide our products and services to you, to operate, manage, and maintain our business, and to accomplish other business and commercial purposes, including the following:

• To fulfill or meet the reason for which the information is provided;
• To provide you with information, products, or services that you request from us;
• To 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.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
• To operate and improve our Platform and present its contents to you.
• For testing, research, analysis and product development.
• To allow you to contact us and facilitate communication with us;
• To provide offers to eligible Users;
• To respond to your feedback, requests, questions, or inquiries;
• To detect fraud and prevent loss, or as necessary or appropriate to protect the rights, property, or safety of us, our Users, or others;
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA (including advertising and marketing services).
• 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.

We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Disclosure of Personal Information: We may disclose your personal information to a third party for a business purpose.  In the preceding 12 months above and for business purposes, we have disclosed Categories A through I and Category L in Table 3 above to our (i) affiliates, (ii) service providers such as payment processing, web hosting, information technology, customer services, cloud service, data analytics, social networks, marketing and advertising, (iii) third parties to which you have authorized us to disclose your Personal Information in connection with Platform or Services made available for your use or access.  In the preceding 12 months, we have not sold or share any Personal Information.  Please also refer to Table 2 (Recipients) in the “How do We Share or Disclose Your Information” Section to learn more about the types of recipients we share or disclose Personal Information.

Consumer Rights: You have the following rights to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 month:

• Right of Access to Your Personal Information: You have the right to ask us for confirmation on whether we are processing your Personal Information, and access to the Personal Information, as permitted by law.  This may include what Personal Information we collect, use, or disclose about you.

• To the extent a business sells or shares Personal Information*, a consumer shall have the right to request the business to identify, during the past 12 months:
  • categories of Personal Information that the business sold or shared, and
  • categories of Personal Information disclosed for business purpose and each category of recipient

** While the sale or sharing Personal Information as defined under the California privacy laws is not applicable to how we collect or use your Personal Information, we provides this information as this is a core part of your rights as a California consumer.

• Right to Deletion: You have the right to ask us to delete your Personal Information, as permitted by law.
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• Right to Opt-out of “Sale” and Certain “Sharing” Practices: You have the right to opt-out of certain data sharing practices with third parties, who may use your Personal Information solely for their own purposes.  Your right to opt-out is limited to information we “sell” or “share” to these third parties.  “Sell” in this case does not mean providing data in exchange for money – we don’t do that.  “Sell” or “sharing” instead means the disclosure or release of Personal Information, including technical device data that does not identify you directly but can be attributed back to identify you, when a third party might use that data for its own purposes, such as for personalized advertising or cross-context behavioral advertising, whether or not for monetary or other valuable consideration.  We do not have actual knowledge that we sell Personal Information of minors under 16 years of age.  You may opt out by using the “Contact Us” details at the end of this Policy.
•  
• Right to Non-Discrimination:  We will not discriminate against you, in terms of price or services that we offer, if you submit one of the rights requests listed above.
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• Right to Correct:  You have the right to correct inaccurate Personal Information under the new California Privacy Right Act (“CPRA”) effective January 1, 2023.  Our goal is to keep your Personal Information accurate, current and complete.  If you believe your Personal Information is not accurate (other than the one listed on your account, which you may modify at any time), you may submit a request by using the “Contact Us” details at the end of this Policy
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• Right to Opt-out of the Use and Disclosure of Sensitive Personal Information. You have the right to limit the use and disclosure of Sensitive Personal Information as described in Category L above under the new CPRA effective January 1, 2023.  You may opt out by using the “Contact Us” details at the end of this Policy.
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• Additional California Rights: Under California Civil Code Section 1798.83, California residents who provide Personal Information in obtaining products or services for personal, family, or household use may be entitled to request and obtain from us once a calendar year information about the information we shared, if any, with other businesses for direct marketing uses.  At present, we do not share your Personal Information with third parties for those third parties’ direct marketing purposes.  Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing, if any, will be included in our response.  As part of the California Online Privacy Protection Act, all users of our Platform may make any changes to their information at any time by following instructions at the “Contact Us” section below.

Miscellaneous:

• As required under applicable law, please note that we will take steps to verify your identity before granting you access to such Personal Information or acting on your request to exercise your rights. We may limit our response to your exercise of the above rights as permitted under applicable law.  When you submit a request to exercise your rights above, we will use the information you provide to process your request and to maintain a record of your request and our response, as permitted under applicable law.
• Under California law, you may designate an authorized agent to make a request on your behalf. You may make such a designation by providing the agent with written permission to act on your behalf.  We will require the agent to provide proof of that written permission.  As permitted by law, we may require you to verify your own identity in response to a request, even if you choose to use an agent.

IX.      NEVADA RESIDENTS

You may submit a verified request to us by following instructions at the “Contact Us” section below to request that we not make any sale (as defined under Nevada law) of any covered information (as defined under Nevada law) that we have collected or will collect about you. Please provide your name and contact information in your request, and we will respond to your request in accordance with Nevada law.

X.     CHILDREN UNDER 18

The Children’s Online Privacy Protection Act (“COPPA”), as well as other data privacy regulations, restrict the collection, use, or disclosure of Personal Data from and about children on the Internet. The Platform is restricted to the use of adults over the age of majority in their place of residence. No portion of the Site is directed to children under the age of 18, and no one under the age of 18 may access, browse, or use the Site or provide any information to or on the Platform. Consequently, we do not knowingly collect personal identifying information from any person under the age of 18. If we learn that we have collected Personal Data from a child under age 18 without a parent’s or legal guardian’s consent, we will take steps to stop collecting that information and delete that information as quickly as possible. If you are a parent or guardian of a child under 18 years of age and you believe your child has provided us with Personal Data, please contact us by following instructions at the “Contact Us” section below.

For more information about COPPA, please visit the Federal Trade Commission’s website at: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule.

XI.      UPDATES AND CHANGES TO THIS POLICY

We reserve the right to add to, change, update, or modify this Policy at any time to reflect any changes to how we treat your information or in response to changes in law. In the event we make changes to this Policy, such policy will be re-posted on this page, with the date such modifications were made indicated on the top of the page.  If we make material changes to how we treat your information, we may contact you to inform you about the revisions with a link to the revised Policy or notify you through a notice on the homepage of the Site for a reasonable period of time.  All changes are effective on the date listed at the top of this page and will apply to all information that we have about you.

You are expected to, and you acknowledge and agree that it is your responsibility to, carefully review this Policy prior to using the Site, and from time to time, so that you are aware of any changes.  Your continued use of the Site or our Services after the “Last Updated” date indicates your acceptance of the changes and your continued consent to our processing of your Personal Data according to the terms of the then-current Policy.  If at any point you do not agree to any portion of this Policy, then you should immediately stop using the Site and the Services. Because this Policy contains legal obligations, we encourage you to review this Policy carefully.

XII.      CONTACT US

For more information, or if you have any questions or concerns regarding this Policy, you may contact us using the information below, and we will do our best to assist you. Please note, if your communication is sensitive, you may wish to contact us by postal mail or telephone.

In Writing:  Impactiv, Inc

                    PO Box 420821

                    Atlanta, GA 30342

By Email:  info@teamvivo.com