Privacy Policy

Last updated: January 19, 2024

Vivastream, Inc. (“Vivastream”, “we”, “us”, or “our”) is committed to respecting your privacy. This Privacy Policy explains our practices regarding the collection, use, and disclosure of information that you (“you” or “user”) may provide to us through your use of our website located at https://www.Vivastream.com, our social media pages, and any other products or services that link to this Privacy Policy (collectively, our “Services”).

This Privacy Policy is incorporated into, and is part of, our Terms of Service available at https://www.vivastream.com/terms which governs your access to and your use of the Services. This Privacy Policy does not cover data or information we receive from third parties, and it does not cover third party products and services. If you have any questions regarding this Privacy Policy, please contact us at privacy@vivastream.com.

Please note, if you are using the Vivastream Platform on behalf of a Vivastream customer, our use of your information is governed by our agreement with the applicable Vivastream customer, not by this Privacy Policy. For more information, see the “Vivastream Platform” subsection below.

By accessing the Services, you agree to be bound by this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Services. Each time you use the Services, the current version of this Privacy Policy will apply. Accordingly, when you use the Services, you should check the date of this Privacy Policy (which appears at the top) and review any changes since you last reviewed the Privacy Policy.

Information We Collect and How We Use it

We collect two types of information from users of our Services: “Personal Information,” which is information that you provide that can be used to identify you (such as your name or your email address), and “Aggregate Information,” which is information that cannot be used to identify you (such as frequency of visits to the Services and your browser type).

INFORMATION YOU PROVIDE TO US

We collect Personal Information that you voluntarily provide to us when you use our Services. For example, you may provide us with your contact information such as your email address, first and last name, the content of your communication, or other Personal Information when you choose to submit such information to us through email, an online form, or other method (such as contacting us through the chat feature on our Services). If you interact with us on social media, we may collect your social media profile information, your communications with us, and your communications and posts on our social media pages.

If you sign up for our newsletter or mailing list, we collect the information you submit and you are signing up to receive marketing and other communications from us.

YOUR COMMUNICATION WITH US

We collect information when you communicate with us. The specific types of information we collect will depend on the forum in which you communicate with us. For example, if you send us an email, we will collect your email address and the content of your email.

VIVASTREAM PLATFORM

We collect Personal Information of users of the Vivastream Platform to create an account. We also collect any information that users submit, or cause to be submitted, to the Vivastream Platform, which may include Personal Information.

All information and data, which may include Personal Information, submitted by or on behalf of a user to the Vivastream Platform, is considered by Vivastream to be “Provided Data.” As between the applicable customer and Vivastream, each customer is the “owner” and controller of its Provided Data. Accordingly, Vivastream only processes such data in accordance with the agreement in place with the applicable customer, including the Vivastream Agreement. This Privacy Policy does not apply to Provided Data and does not describe the applicable customer’s privacy practices. Vivastream is not responsible in any way for the privacy or security practices of our customers, which may differ from those set forth in this Privacy Policy. Please see the privacy policy and privacy notices of the applicable customer to learn more about how the customer treats such Provided Data.

If you have any questions or would like to exercise your legal rights regarding any Provided Data, please contact the applicable customer to which that Provided Data relates.

INFORMATION WE AUTOMATICALLY COLLECT

When you use our Services, we automatically receive and collect information from your device. This information includes the following:

  • Information about your device, such as the operating system, hardware, system version, Internet Protocol (IP) address, device ID, and device language.
  • Your country and general location, time zone, and language used.
  • The specific actions that you take when you use our Services, including but not limited to the pages and screens that you view or visit, search terms that you enter, and how you interact with our Services.
  • The time, frequency, connection type, and duration of your use of our Services.
  • Information regarding your interaction with email messages, for example, whether you opened, clicked on, or forwarded the email message.
  • Identifiers associated with cookies or other technologies that may uniquely identify your device or browser (as further described below).
  • Pages you visited before or after navigating to our Services.

AGGREGATE INFORMATION COLLECTED

Aggregate Information is information that does not identify you. Aggregate Information may be collected when you use our Services, independent of any information you voluntarily enter. Additionally, we may use one or more processes to de-identify information that contains Personal Information such that only Aggregate Information remains. We may collect, use, store, and transfer Aggregate Information without restriction.

COOKIES AND ANALYTICS

Like most websites, our Services may use “cookies.” Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser to help us identify you when you come to our Services.

Our Services collects cookies and may use cookies for reasons including, but not limited to:

  • Analyze our web traffic using an analytics package.
  • Identify if you are signed in to the Services.
  • Test content on the Services.
  • Store information about your preferences.
  • Recognize when you return to the Services.

Overall, cookies help us provide you with better Services by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This setting may prevent you from taking full advantage of the Services.

We may use third parties, such as Google Analytics or other analytics providers, to analyze traffic to our website. Google Analytics does not create individual profiles for visitors and only collects aggregate data.

To disable Google Analytics, please download the browser add-on for the deactivation of Google Analytics provided by Google at http://tools.google.com/dlpage/gaoptout?hl=en.

To learn more about privacy and Google Analytics, please consult the Google Analytics overview provided by Google at http://www.google.com/intl/en/analytics/privacyoverview.html. You may find additional information about Google Analytics at http://www.google.com/policies/privacy/partners/. You have the option to opt out of Google’s use of cookies by changing your settings through Google Ad Settings via the Google advertising opt-out page at http://www.google.com/policies.

Although we do our best to honor the privacy preferences of our visitors, we are not able to respond to Do Not Track signals from your browser.

HOW WE USE YOUR INFORMATION

In general, we collect information and Personal Information from you so that we can provide our Services, operate our business, and provide information that you request from us. This includes but is not limited to the following:

  • Provide, operate, improve, maintain, and protect our Services.
  • Process purchases and payments.
  • Provide you with technical and other support.
  • Send you updates, marketing communications, and other information about Vivastream and our Services.
  • Send you notices and alerts.
  • Conduct research, analytics, and monitor and analyze trends and usage.
  • Contact you and respond to your inquiries.
  • Enhance or improve user experience, our business, and our Services, including the safety and security thereof.
  • Personalize our Services to you.
  • As necessary to comply with any applicable law, regulation, subpoena, legal process, or governmental request.
  • Enforce contracts, including investigation of potential violations thereof.
  • Detect, prevent, or otherwise address fraud, security or technical issues.
  • Protect against harm to the rights, property or safety of Vivastream, our users, or the public as required or permitted by law.

How we share your information

We do not rent or sell your Personal Information.

Like most companies, we share information, including Personal Information, in certain circumstances with third parties through operation of our Services and our business. Below we explain when that happens.

SERVICE PROVIDERS

We may transfer Personal Information to third parties for the purpose of providing the Services or operating our business. For example, we may transfer your Personal Information to third-party service providers to assist with providing the Services, and to communicate with you about current or future offerings.

We also use third party payment processors to process your payments made by credit or debit card.

REQUIRED TRANSFERS

We may also transfer your Personal Information to third parties under the following circumstances: (i) to comply with a legal requirement, law, subpoena, judicial proceeding, court order, governmental request, or legal process; (ii) to investigate a possible crime, such as fraud or identity theft; (iii) in connection with the sale, purchase, merger, asset sale, financing, reorganization, liquidation or dissolution of Vivastream, including the evaluation thereof; (iv) when we believe it is necessary to protect the rights, property, or safety of Vivastream or other persons, or (v) as otherwise required or permitted by law, including any contractual obligations of Vivastream.

AS DIRECTED BY YOU AND WITH YOUR CONSENT

Except as otherwise provided in this Privacy Policy, we share Personal Information with companies, organizations or individuals outside of Vivastream only at your direction or when we have your consent to do so.

International Transfer

We are based in the United States, and our Services are hosted there. If you are using our Services from another country, the laws governing our collection and use of information may be different from the laws of your country. If you decide to use our Services, or share your information with us, you agree to the transfer of your information to the United States.

Children's privacy

Our Services are not intended for use by children under the age of 13 in the US (or the relevant age threshold in other jurisdictions) and we do not knowingly collect Personal Information from children under the age of 13 in the US (or the relevant age threshold in other jurisdictions) in connection with the Services.

Opting out

If you no longer wish to receive our marketing and promotional communications, you may opt-out by following the instructions included in each communication.

How Do We Protect Your Information

We take the security of your Personal Information very seriously. We use reasonable administrative, physical, and technical safeguards to secure the Personal Information you share with us. Despite these safeguards and our additional efforts to secure your information, we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your Personal Information.

Third-party websites

The Services may contain hyperlinks to websites operated by third parties, which may include social media features, such as social media buttons or links. We provide such hyperlinks for your reference and convenience only. We do not control such websites and are not responsible for their content, or the privacy, or other practices of such websites. It is up to you to read and fully understand their privacy policies. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you are submitting information to any such third-party through our Services, you should review and understand that party’s applicable policies, including their privacy policies, before providing your information to the third-party.

Monitoring

Although we are not obligated to do so, we may review communications on the Services to determine whether you comply with the applicable terms of Vivastream Services. Vivastream will not have any liability or responsibility for the content of any communications you provide, or for any errors or violations of any laws or regulations by you.

Changes to our Privacy Policy

We reserve the right to amend this policy at any time without any prior notice to you. Each time you use our Services the current version of this Privacy Policy will apply. When you use our Services, you should check the date of this Privacy Policy (which appears at the top of the Privacy Policy) and review any changes since the last version.

Questions

If you have any questions about this Privacy Policy or our privacy practices, please contact us at: privacy@vivastream.com

Vivastream INC.
Attn: Privacy
199 Water St, 34th Floor
New York, NY 10038