Last Updated: June 25, 2020

VivoSense, Inc, its subsidiaries and affiliates (collectively, “VivoSense”, “we”, “our” or “us”) respect the privacy of our users (“you” or “user”). This Privacy Policy (“Policy”) describes how we collect, process, share, and safeguard Personal Information we collect from you, or that you provide to us, in connection with your use of our website at www.vivosense.com (the “Website”), webinars, and support services (together with the Website, the “Services”). It also tells you about your rights and choices with respect to your Personal Information, and how you can contact us if you have any questions or concerns.

1. Personal Information We Collect

We collect Personal Information about you from different sources listed below. In this Policy, “Personal Information” means any information related to an identified or identifiable individual, and it does not include data whereby personally identifiable information has been removed (such as deidentified or aggregated data).

Information Provided by You

- Contact Information. When you contact us or register with the Services, you may provide us with contact information such as your name, email address, address, phone number, company name, and role.

- Correspondence and other communications. When you contact us via a contact form, email, or by other means, or subscribe to our marketing communications, you may provide us with Personal Information, such as your contact information and the contents and nature of your correspondence with us.

Information Collected via Automated Means

- Device information. When you use the Services, we may automatically collect information about your device, including your IP address, device type, web browser, and other information your device may transmit.

- Usage information. When you use the Services, may automatically collect information about your use of the Services, including information about your interactions with our Website, such as the time of your visit and where you click, as well as the web pages that you visit just before or just after you use our Website.

- Cookie information. We and third parties may automatically collect information about your visit to and use of the Services via cookies (see below in section 3: “How We Use Cookies and Similar Technologies” for more information).

Information Collected from Other Sources

- Social media information. We may obtain Personal Information about you from social media platforms, such Facebook, LinkedIn, and Twitter. This information includes profile information and messages you choose to send us via these platforms.

We also collect, create, use, and share deidentified and/or aggregated data (such as statistical or demographic data) derived from your Personal Information or use of the Services (“Aggregated Data”) for our business purposes. Aggregated Data is not Personal Information as this data will not directly or indirectly reveal your identity. For example, we may deidentify and/or aggregate data about your use of our Services to calculate the percentage of users accessing a specific feature. However, if we combine or connect Aggregated Data with your Personal Information so that it can directly or indirectly identify you, we will treat the combined data as Personal Information and process it in accordance with this Policy.

2. How We Use Personal Information

We will use your Personal Information for one or more of the following purposes:

- Providing the Services. We use your Personal Information to operate, maintain, and provide you with the Services.

- Providing technical support. We use your Personal Information to provide technical support, including diagnosing and resolving any issues you report.

- Communicating with you. We may use your Personal Information as necessary to contact you for administrative purposes, including to provide information that you request and to respond to comments and questions.

- Marketing. We may use your email address and other Personal Information to send marketing communications, including updates on promotions and events relating to products and services offered by us and by third parties with whom we work. When we send you emails, we may track whether you open them to learn how to deliver a better customer experience and improve the Services. You can opt out of receiving promotional communications as described below under section 5: “Your Rights and Choices.” Where required under applicable law, we will only send you promotional emails with your opt-in consent.

- Creating Aggregated Data. We may use your Personal Information to collect or create Aggregated Data for our business purposes.

- Understanding usage and improving the Services. We use the information that we collect on the Services to understand and analyze the usage trends and preferences of our users, to improve the Services, and to develop new products, services, features, and functionality.

- Administrative and legal purposes. We may use your Personal Information to address any administrative or legal issues pertaining to VivoSense, including enforcing our contracts or other legal rights, complying with legal obligations, and defending against legal claims or disputes.

- Other purposes. We may use your Personal Information for other purposes for which we provide specific notice at the time the Personal Information is collected.

Our Use of European Personal Information

If you are located in the European Economic Area, we only process your Personal Information when we have a valid legal basis.

- Consent. We may use your Personal Information when you have given your consent to do so. For example, to send you marketing communications.

- Contractual necessity. We may use your Personal Information to perform our end of our contracts with you. For example, to provide you with the Services.

- Legal obligation. We may use your Personal Information when we are legally required to. For example, to comply with tax and accounting obligations, or to comply with a court order.

- Legitimate interest. We may use your Personal Information when we, or a third party, have a legitimate interest in doing so. For example, we have a legitimate interest in understanding usage and improving the Services. We only rely on our or a third party’s legitimate interests to process Personal Information when these interests are not overridden by your rights and interests.

3. How We Use Cookies and Similar Technologies

Cookies are small pieces of data that may be stored in and retrieved from your web browser while you browse a website. Our Website uses cookies and similar storage technologies (collectively “cookies”) to collect information about your browsing activities and to distinguish you from other users of our Website. This aids your experience when you browse our Website and allows us to understand and improve the functionality of our Website.

We use the following types of cookies:

- Essential/necessary cookies. Some cookies are strictly necessary to make our Website available to you; for example, to remember your cookie settings, and for certain security features to work. We cannot provide you with the Website without this type of cookies.

- Analytics or performance cookies. We also use cookies for analytics purposes in order to operate, maintain, and improve our Website. We use third party analytics providers, including Google Analytics and HubSpot, to help us understand how users engage with the Services. Google Analytics uses cookies to track user interactions which helps show how users use the Services. This information is used to compile reports and to help us improve the Services. The reports disclose Website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit our Website by going to https://tools.google.com/dlpage/gaoptout or via Google’s Ads settings.

- Third-party features. The Services may contain features and other content provided by third parties, such as social media buttons. These third parties may collect information about you if you visit a website that contains features or content provided by them. This Policy does not address, and we do not control, what Personal Information these third parties collect. We encourage you review these third parties’ privacy policies and related privacy settings before using these features.

You can block cookies by setting your internet browser to block some or all or cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Website.

4. When We Disclose Personal Information

We may disclose Personal Information to the following recipients and in the following circumstances.

- Service providers. We work with third-party service providers to provide website development, hosting, maintenance, and other services for us. These third parties may have access to or process Personal Information as part of providing those services for us.

- Legal. We may disclose information, including Personal Information, to law enforcement agencies, regulatory bodies, public authorities or pursuant to the exercise of legal proceedings if we are legally required to do so, or if we believe, in good faith, that such disclosure is necessary to comply with a legal obligation or request, to enforce our terms and conditions, to prevent or resolve security or technical issues, or to protect the rights, property or safety of VivoSense, our users, a third party, or the public.

- Change of corporate ownership. We may transfer your Personal Information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets.

- VivoSense group. We share Personal Information about you with our affiliates and subsidiaries within the VivoSense group.

5. Your Rights and Choices

You may decline to share certain Personal Information with us, in which case we may not be able to provide to you some of the features and functionality of the Services. If you wish to access, amend, or delete any other Personal Information we hold about you, you may contact us using the contact details at the end of this Policy.

If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt out from receiving commercial email from us and any other promotional communications that we may send to you from time to time, by contacting us using the contact details at the end of this Policy. Please be aware that after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Services.

Your European Privacy Rights

If you are located in the European Economic Area, then VivoSense, Inc. is the “data controller” for the processing of your Personal Information, and you have the following additional rights.

- You may request access to and receive information about the Personal Information we maintain about you, update and correct inaccuracies in your Personal Information, restrict or object to the processing of your Personal Information, have the information anonymized or deleted, as appropriate, and exercise your right to data portability to easily transfer your Personal Information to another company. In addition, you may also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work, or where an alleged incident took place.

- You may withdraw any consent you previously provided to us regarding the processing of your Personal Information, at any time, and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before you withdrew your consent.

Please note that there are exceptions and limitations to each of these rights. You may exercise these rights by contacting us using the contact details at the end of this Policy.

6. Cross-Border Data Transfers

We may transfer your Personal Information outside of the European Economic Area. When we do so, we shall ensure that relevant safeguards are in place to afford adequate protection for your Personal Information. Further details regarding the relevant safeguards can be obtained from us on request.

7. Children’s Privacy

Our Website is not directed to children, and we do not knowingly collect Personal Information from children under the age of 18. If you learn that a child has provided us with Personal Information in violation of this Policy, please contact us at [privacy@vivosense.com].

8. Data Retention

VivoSense stores all Personal Information for as long as necessary to fulfil the purposes set out in this Policy, or for as long as we are required to do so by law or in order to comply with a regulatory obligation. When deleting Personal Information, we will take measures to render such Personal Information irrecoverable or irreproducible, and the electronic files which contain Personal Information will be permanently deleted.

9. Data Security

We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of Personal Information that we collect and maintain. However, the storage and transfer of Personal Information through the internet will carry its own inherent risks, and we do not guarantee the security of your Personal Information. You make any such storage and transfer at your own risk.

10. Changes to this Policy

We will post any adjustments to this Policy on this page, and the revised version will be effective when it is posted. If we materially change the ways in which we use or share Personal Information previously collected from you through the Services, we will attempt to notify you of such material changes through the Services, by email, or other method.

11. How to Contact Us

Please contact us with any questions or comments about this Policy, your Personal Information, our use and disclosure practices, or your consent choices by email at [privacy@vivosense.com] or by regular mail at:

VivoSense, Inc.
Attn: Privacy
27 Dorian
Newport Coast, CA 92657
USA

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