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Privacy Policy

The ViviHealth Privacy Policy was updated on March 14, 2024.

Your privacy is important to ViviHealth, so we’ve developed a Privacy Policy that covers how we collect, use, disclose, transfer, and store your personal information.

In addition to this Privacy Policy, we may provide additional or specific data and privacy information and or policies associated with specific ViviHealth product(s). Please take a moment to familiarize yourself with our privacy practices and contact us if you have any questions.

ViviCompanion and ViviCircle Privacy Policy

Collection and Use of Personal Information

Personal information is data that can be used to identify or contact a single person.

You may be asked to provide your personal information anytime you are in contact with ViviHealth. ViviHealth may also combine it with other information to provide and improve our products, services, content, and advertising. You are not required to provide the personal information that we have requested, but, if you chose not to do so, in many cases we will not be able to provide you with our products or services or respond to any queries you may have.

Here are some examples of the types of personal information ViviHealth may collect and how we may use it:

What personal information we collect

  • When you create a ViviHealth Account, purchase a product, download a product or software update, connect to our services, contact us including by social media or participate in an online survey, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, device identifiers, IP address, location information, credit card information and profile information where the contact is via social media.
  • When you share your content with healthcare providers, sponsors, family and friends using ViviHealth products, or invite others to participate in ViviHealth services or forums, ViviHealth may collect the information you provide about those people such as name, mailing address, email address, and phone number. ViviHealth will use such information to fulfill your requests, provide the relevant product or service, or for anti-fraud purposes.

How we use your personal information

ViviHealth’s primary purpose in collecting your personal data is to provide you with our products, services and applications and to optimize your use of our products, services and applications. We may process your personal information: for the purposes described in this Privacy Policy, with your consent, for compliance with a legal obligation to which ViviHealth is subject, for the performance of a contract to which you are party, in order to protect your vital interests, or when we have assessed it is necessary for the purposes of the legitimate interests pursued by ViviHealth or a third party to whom it may be necessary to disclose information. If you have questions about this legal basis you can contact ViviHealth.

  • The personal information we collect allows us to keep you posted on ViviHealth’s latest product announcements, software updates, and upcoming events. If you don’t want to be on our mailing list, you can opt-out anytime by updating your preferences.
  • We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes. We may also use your personal information for account and network security purposes, including in order to protect our services for the benefit of all our users, and pre-screening or scanning uploaded content for potentially illegal content, including child sexual exploitation material. Where we use your information for anti-fraud purposes it arises from the conduct of an online transaction with us. We limit our uses of data for anti-fraud purposes to those which are strictly necessary and within our assessed legitimate interests to protect our customers and our services. For certain online transactions we may also validate the information provided by you with publicly accessible sources.
  • We may use your personal information, including date of birth, to verify identity, assist with identification of users, and to determine appropriate services. For example, we may use date of birth to determine the age of ViviHealth account holders.
  • From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with ViviHealth, you may not opt out of receiving these communications.
  • We may also use personal information for internal purposes such as auditing, data analysis, and research to improve ViviHealth’s products, services, and customer communications.
  • If you enter into a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs.
  • If you apply for a position at ViviHealth or we receive your information in connection with a potential role at ViviHealth, we may use your information to evaluate your candidacy and to contact you. If you are a candidate, you will receive more information about how ViviHealth handles candidate personal information at the time of application.

Source of your personal information where they are not collected from you

We may have received your personal information from other persons if that person has shared their content with you using ViviHealth products or invited you to participate in ViviHealth services or forums. We may also validate the information provided by you when creating a ViviHealth account with a third party for security and fraud prevention purposes.

If you are a potential candidate for employment with ViviHealth, we may have received your personal information from third parties such as recruiters or external websites. We will use the personal information we receive to contact you about a potential opportunity or in evaluating your candidacy. If you did not provide us your personal information directly, we will inform you of the source when we first contact you regarding your candidacy. For research and development purposes, we may use datasets such as those that contain images, voices or other data that could be associated with an identifiable person. When acquiring such datasets, we do so in accordance with applicable law in the jurisdiction in which the dataset is hosted. When using such datasets for research and development, we do not attempt to re-identify individuals who may appear therein.

Collection and Use of Non-Personal Information

We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:

  • We may collect information such as occupation, language, zip code, area code, unique device identifier, referrer URL, location, and the time zone where a ViviHealth product is used so that we can better understand customer behavior and improve our products, services, and advertising.
  • We may collect information regarding customer activities on our website, various services, ViviClinic, ViviCompanion, ViviCircle, ViviClinic Detox and from our other products and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest. Aggregated data is considered non‑personal information for the purposes of this Privacy Policy.
  • We may collect and store details of how you use our services, including search queries. This information may be used to improve the relevancy of results provided by our services. Except in limited instances to ensure quality of our services over the Internet, such information will not be associated with your IP address.
  • With your explicit consent, we may collect data about how you use your device and applications in order to help us improve apps.

If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.

Cookies and Other Technologies

ViviHealth’s websites, online services, interactive applications, email messages, and advertisements may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our websites people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non‑personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

ViviHealth also uses cookies and other technologies to remember personal information when you use our website, online services, and applications. Our goal in these cases is to make your experience with ViviHealth more convenient and personal. For example, knowing your first name lets us welcome you the next time you use ViviCompanion or ViviCircle. And knowing your contact information, hardware identifiers, and information about your computer or device helps us personalize your experience, set up your ViviHealth service, and provide you with better customer service.

If you want to disable cookies go to your browser’s preferences or check with your provider to find out how to disable cookies. Please note that certain features of the ViviHealth website will not be available once cookies are disabled.

As is true of most internet services, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data. We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, to improve our product and services, and to gather demographic information about our user base as a whole. ViviHealth may use this information in our marketing and advertising services.

In some of our email messages, we use a “click-through URL” linked to content on the ViviHealth website. When customers click one of these URLs, they may pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages. Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.

Disclosure to Third Parties

At times ViviHealth may provide third parties with certain personal information to provide or improve our products and services, including to deliver products at your request, or to help ViviHealth market to consumers. When we do, we require those third parties to handle it in accordance with relevant laws. ViviHealth does not sell personal information, and personal information will never be shared with third parties for their marketing purposes. For example, when you purchase and activate your ViviCompanion app and account, you authorize ViviHealth and your provider to exchange the information you provide during the activation process to carry out service. If you are approved for service, your account will be governed by ViviHealth and the third parties’ respective privacy policies.

Disclosure to Healthcare Providers

ViviHealth provides healthcare providers with certain personal information including personal health information (PHI) when you are associated with treatment and after treatment to deliver services, or improve our products and services.  PHI will be treated in accordance with applicable laws, including the Health Insurance Portability and Accountability Act (HIPAA).  For those using ViviCompanion and/or ViviCircle applications, see the ViviCompanion and ViviCircle Privacy Policy. In addition, ViviHealth, to meet certain compliance requirements, may be deemed a Business Associate for purposes of HIPAA.

Service Providers

ViviHealth shares personal information with companies who provide services such as information processing, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever ViviHealth operates.

Others

It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for ViviHealth to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. We may also disclose information about you, but only where there is a lawful basis for doing so, if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users.  This could include providing information to public or governmental authorities. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.

Protection of Personal Information

ViviHealth takes the security of your personal information very seriously. ViviHealth online services such as the Vivi360 ViviClinic protects your personal information during transit using encryption such as Transport Layer Security (TLS). When your personal data is stored by ViviHealth, we use computer systems with limited access housed in facilities using physical security measures. Where required to meet various regulations and compliance, data is stored in encrypted form including when we utilize third-party storage.

While no system is completely secure, we believe the measures we implemented reduce our vulnerability to security problems to a level appropriate to the type of data involved. We have security measures in place to protect our user database and access to this database is restricted internally. However, it remains your responsibility:

  • to protect against unauthorized access to your use of our products, services and applications;
  • to ensure no one else uses the ViviHealth products, services and applications while your device is logged on to the ViviHealth system (including by logging on to your device through a mobile, Wi-Fi or shared access connection you are using);
  • to log off or exit from the ViviHealth system when not using it;
  • where relevant, to keep your password or other access information secret. Your account information and password are personal to you and should not be given to anyone else or used to provide shared access, such as over a network; and
  • to maintain good internet security. For example if your email account or social media account is compromised this could allow access to your ViviHealth account if you have given us those details or permitted access through those accounts. If your email account is compromised it could be used to ask us to reset a password and gain access to your account with us. You should keep all of your account details secure. If you think that any of your accounts has been compromised you should change your account credentials with us, and in particular make sure any compromised account does not allow access to your account with us. You should also tell us as soon as you can, so that we can try to help you keep your account secure and if necessary warn anyone else who could be affected.

If you have asked us to share data with third party sites, their servers may not be secure. Credit card or other payment information is generally stored by our payment processing partners and we ask them to keep that data secure. We also use third parties to help us optimize the flow of the Services, content and advertising.

Because no data transmission over the Internet is completely secure, and no system of physical or electronic security is impenetrable, we cannot guarantee the security of the information you send to us or the security of our servers or databases, and by using the ViviHealth products, services and applications you agree to assume all risk in connection with the information sent to us or collected by us when you use the ViviHealth products, services and applications. In the unlikely event that we believe that the security of your information in our possession or control may have been compromised, we may seek to notify you. If notification is appropriate, we may notify you by e-mail (provided we have your e-mail address).

When you use some ViviHealth products, services, or applications or post on a ViviHealth forum, chat room, or social networking service, the personal information and content you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to share or submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.

If you or anyone else using ViviCompanion with ViviCircle on a device that is owned by a third party, any information shared within your Care Circle—including health information, location, notifications and alerts—may be downloaded on to that third-party device thereby disclosing any such shared information.

Integrity and Retention of Personal Information

ViviHealth makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy and our service or product specific privacy summaries. When assessing these periods we carefully examine our need to collect personal information at all and if we establish a relevant need we only retain it for the shortest possible period to realize the purpose of collection unless a longer retention period is required by law. For example, HIPAA has specific retention requirements.

Your Privacy Rights

You can help ensure that your contact information and preferences are accurate, complete, and up to date by signing in to your ViviHealth account page(s). For other personal information we hold, we will provide you with access (including a copy) for any purpose including to request that we correct the data if it is inaccurate or delete the data if ViviHealth is not required to retain it by law or for legitimate business purposes.

We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. We may also decline aspects of deletion or access requests if we believe doing so would undermine our legitimate use of data for anti-fraud and security purposes as described earlier.

California

California consumers have a right to knowledge, access, and deletion of their personal information under the California Consumer Privacy Act. California consumers also have a right to opt out of the sale of their personal information by a business and a right not to be discriminated against for exercising one of their California privacy rights. ViviHealth does not sell the personal information of California consumers and does not discriminate in response to privacy rights requests.

If you choose to exercise your privacy rights, you have the right to not to receive discriminatory treatment or a lesser degree of service from ViviHealth.

Nevada

You have the right to opt-out of the sale of your personal information. ViviHealth does not sell your personal information.

Children & Education

We understand the importance of taking extra precautions to protect the privacy and safety of children using ViviHealth products and services. Children under the age of 13, or equivalent minimum age in the relevant jurisdiction, are not permitted to create their own ViviHealth accounts, unless their parent provided verifiable consent or as part of a legitimate episode of care and verified by the healthcare provider. For example, a parent must review the ViviHealth Child Account and Access Disclosure and agree to the Consent to ViviHealth’s Collection, Use and Disclosure of Your Child’s Information. If we learn that we have collected the personal information of a child under 13, or equivalent minimum age depending on jurisdiction, outside the above circumstances we will take steps to delete the information as soon as possible. If at any time a parent needs to access, correct, or delete data associated with their child’s ViviHealth account, they may contact us via our website.

Location-Based Services

To provide location-based services on ViviHealth products, ViviHealth and our partners and licensees, such as maps data providers, may collect, use, and share precise location data, including the real-time geographic location of your ViviHealth computer or device. Where available, location-based services may use GPS, Bluetooth, and your IP Address, along with crowd-sourced Wi-Fi hotspot and cell tower locations, and other technologies to determine your devices’ approximate location. For the ViviHealth public website unless you provide consent, this location data is collected anonymously in a form that does not personally identify you and is used by ViviHealth and our partners and licensees to provide and improve location-based products and services. For example, your device may share its geographic location with application providers when you opt in to their location services.

Some location-based services offered by ViviHealth, such as the “Meetings” feature, require your personal information for the feature to work.

Third‑Party Sites and Services

ViviHealth websites, products, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties − for example, third-party content.

Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We are not responsible for the privacy practices of those third parties or their content. We encourage you to learn about the privacy practices of those third parties.

International Use

The ViviHealth products, services and applications are meant for use within the United States only.  If we determine use of our services outside the jurisdiction of the United States, we will cancel such access to applications and services.

Our Commitment to Your Privacy

To make sure your personal information is secure, we communicate our privacy and security guidelines to ViviHealth employees and strictly enforce privacy safeguards within the company.

Privacy Questions

If you have any questions or concerns about ViviHealth’s Privacy Policy or data processing, you would like to contact our Data Protection Officer, or if you would like to make a complaint about a possible breach of local privacy laws, please contact us.

ViviHealth may update its Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy. We will also contact you via your contact information on file, for example by email, notification or some other equivalent method.

ViviHealth 14555 Dallas Parkway, Suite 100-371, Dallas, TX 75254 USA