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Vivial Inc. (together with its subsidiaries and affiliates, “Vivial,” “we,” “us” or “our”) respects the privacy of its customers and the visitors and users of its website. This Privacy Policy is intended to inform you of our policies and practices regarding the collection, use and disclosure of any Personal Information or Personal Health Information (as those terms are defined below) we obtain about you based upon your use of our websites, products or services. Your privacy is important to us, and we pay close attention to the use and sharing of Personal Information and Personal Health Information.

INFORMATION WE COLLECT

In providing our products and services to you, we may collect the following types of information:

“Personal Information,” or information about you that is personally identifiable to you, such as your name, address, e-mail address, phone number and other non-public information that is associated with the foregoing. For certain services, we also collect credit card or payment account information.

“Personal Health Information,” or health-related information about you (such as weight, blood pressure or glucose levels, lab results, medications and health history) that you give us or that we receive from third parties.

You may choose to directly disclose Personal Information or Personal Health Information through our public message boards. Information shared on the message boards will be accessible to the general public and your information may be collected and used by others. Please only disclose information on the public message boards that you are comfortable sharing under these conditions.

We act as a service provider to our customers and may process and store on behalf of our customers Personal Information and/or Personal Health Information that our customers collect about third parties (or about you). We do not own that Personal Information or Personal Health Information.

You are responsible for ensuring the accuracy of the Personal Information and Personal Health Information that we collect from you. Inaccurate information will affect the use and effectiveness of our products and services and our ability to contact you.

Our servers may automatically collect information, such as Internet Protocol (IP) addresses, browser type, pages visited, access times, duration of visit, referring URL, platform, links accessed, timestamp and exit page information (“Automated Information”) with respect to each visitor to the websites, whether or not such visitor is a logged-on user.

We may receive Personal Information or Personal Health Information about you from other sources, such as telephone or telefax, or from other parties such as vendors and third party providers. We may add this information to the information we have already collected about you in order to improve our products and services.

USER CONSENT

By visiting our websites or using our products or services, you agree to the terms of this Privacy Policy.

You expressly consent to the use and processing of your Personal Information and Personal Health Information according to this Privacy Policy. Personal Information and Personal Health Information may be processed by us or our vendors or other third parties in the United States, the country where it was collected as well as other countries where laws regarding processing of Personal Information and Personal Health Information may be less stringent.

HOW WE USE AND DISCLOSE INFORMATION

In general, we use information collected, including Personal Information and Personal Health Information, to provide our products and services, to respond to requests that you make, to inform you of other products or services available from us or our affiliates, to conduct research about your opinion of our services, to process transactions and to enable us to serve you more effectively. We do not use or disclose your Personal Information and Personal Health Information except as described in this Privacy Policy or as required by law.

You control who can access your Personal Health Information. If you choose to, you can share your information with others. We will not sell, rent, or share your Personal Information or Personal Health Information without your explicit consent, except as otherwise provided in this Privacy Policy. We may access and/or disclose your Personal Information and Personal Health Information, with or without notice, if we believe such action is necessary to: (a) comply with the law or legal process served on us; (b) protect and defend our rights or property (including the enforcement of agreements between you and us); or (c) act in urgent circumstances to protect the personal safety and welfare of our customers or members of the public.

We may also use the Personal Information and Personal Health Information that we obtain from you or from other sources for the following purposes:

To Provide and Improve Our Website, Products and Services

We use the information that you provide for such purposes as responding to your requests, improving our websites, products and services, and communicating with you. We may combine your information with information that we collect from other companies (such as demographic data) to improve and personalize services. We may collect information for auditing, research and analysis in order to maintain, protect and improve our websites, products and services.

To Track Site Traffic Information

As you navigate our websites, we may collect certain passive information, including your IP address, browser type and operating system. We may use your IP address to monitor your usage of the site, and at times choose to directly communicate with you via a chat functionality. We may also use cookies and navigational data such as Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and viewed. This type of information is collected to make our solutions and services more useful to you. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them). While you will still be able to use our websites if you disable Cookies in your browser, certain parts of our websites may not function as effectively. After you register and enable Cookies, we may associate this information with personal information that we have collected from you.

Clear GIFs (also known as web beacons) are used in combination with cookies to help Site operators understand how visitors interact with their web sites. A clear GIF is typically a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a site. The use of a clear GIF allows the Site to measure the actions of the visitor opening the page that contains the clear GIF. We utilize clear GIFs to measure visitor behavior, to help us improve visitor experience and to manage site content. We may use clear GIFs on this Site, in our emails, in our advertisements on other web sites, or in our advertisements in others’ emails.

In addition, we may use non-business IP addresses and other Automated Information collected to track aggregate information regarding website traffic. We do not collect any Personal Information or Personal Health Information via a user’s non-business IP address. One of the uses for which this data may be gathered is for statistical purposes so that we may analyze trends and performance over time.

To Transfer Information for Legal Purposes

We may need to disclose certain information to comply with a legal requirement (such as a law, regulation, court order, subpoena or search warrant) in the course of a legal proceeding or in response to a law enforcement agency request. If we undergo a change of control (whether by merger, sale or otherwise), or a sale or transfer of our assets, Personal Information or Personal Health Information could be sold or transferred as part of that transaction and your Personal Information or Personal Health Information could be used by the purchaser or other recipient of such information.

For Data Aggregation

We may disclose aggregated, non-personal data generated from our websites, products and services to third parties. Depending on the circumstances, we may or may not charge third parties for this aggregated, non-personal data. You grant us the right to accept payment or other remuneration for such data. We require parties with whom we share aggregated, non-personal data to agree that they will not attempt to make this information personally identifiable.

For Use With Third Parties

We may hire third parties to provide services on our behalf, such as performing statistical analysis, developing websites and answering customer service and billing questions. We will give those third parties only the Personal Information or Personal Health Information they need to deliver the service for which they have been hired. We may also share your Personal Information and Personal Health Information with vendors or other third parties in order for them to provide you with offers that we think you will find valuable. We will require such third parties to maintain the confidentiality of any information we provide.

To drive traffic to your website and to make your website easier to find, we will disclose keywords about your business, your business name, general and specific descriptions about your business, information about your location, and information about your products and services to third-party services and to the general public.

We may also use third parties to maintain and store your Personal Information to process any payment you make to us. Generally, these third parties are required not to use your Personal Information other than to provide the services requested by us.

For Use By Subsidiaries and Affiliates

We have subsidiaries and other companies under a common control (collectively, “affiliates”). We may share some or all of your Personal Information and Personal Health Information with these affiliates, in which case we will require them to honor this Privacy Policy.

SHARING YOUR INFORMATION

If you grant access to your Personal Information or Personal Health Information to other individuals, websites or health care professionals, these other individuals, websites or health care professionals will be able to access your information and store a copy of it. Any copies of your information will be governed by that individual’s, website’s or health care professional’s privacy policy. Others may be able to view your information from such copies. If you do not want information about you, including Personal Information, to be shared in this manner, do not use this feature. You may disconnect your account from a third party account at any time. We are not responsible for the use of your information by others to whom you grant access to such information.

PROTECTING THE CONFIDENTIALITY AND SECURITY OF INFORMATION

We are committed to protecting the security of your information. We have adopted commercially reasonable security measures consistent with industry practice that are designed to assist in protecting against the loss, misuse and alteration of your Personal Information and Personal Health Information which is under our control. As you know, no security system or system of transmitting data over the Internet can be guaranteed to be 100% secure. Accordingly, you should not expect that any information provided to us or to any third party will always remain private.

Do Not Track Browser Setting

Some browsers incorporate a Do Not Track feature that signals to websites you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information in connection with a single website. For these purposes tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time.

How browsers communicate the Do Not Track signal is not yet uniform. As a result, we may not interpret or respond to Do Not Track signals communicated by your browser. Even so, as described more fully throughout this Privacy Policy, we limit our use and collection of your personal information.

For a description of Do Not Track protocols for browsers and mobile devices, or simply to learn more about the choices available to you, you can visit the All About Do Not Track website: https://allaboutdnt.com/.

HOW TO UNSUBSCRIBE

Should you decide to stop receiving e-mail communications or newsletters from us, you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail. If at any time you wish to unsubscribe from any communications from us, you may do so by contacting us at gethelp@vivial.net. Despite your indicated e-mail preferences, we may send you e-mail regarding updates to legal notices applicable to the account you created with us. From time to time, we may contact you by telephone to offer you products or services which we believe may be valuable to you. Should you prefer not to receive such calls, please advise the representative who contacts you or contact customer care at gethelp@vivial.net.

PRIVACY OF MINORS

We are committed to protecting the privacy of minors. Our services are not designed or intended to attract people under the age of 18. We do not collect Personal Information from any person we actually know is under the age of 18.

LINKS TO OTHER SITES

Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be responsible for these outside websites or their content. Please be aware that the terms of our Privacy Policy do not apply to these outside websites.

CONTACT US

Should you have any questions or concerns regarding this Privacy Policy, please contact us as follows:

Vivial Inc.
Attention: Legal Department Privacy Policy Administration
Corporate Headquarters
160 Inverness Drive West, Suite 250
Englewood, CO 80112
303.867.1600
legal@vivial.net

PRIVACY POLICY UPDATES

We may revise this Privacy Policy at any time, in our sole discretion, by posting an amended Privacy Policy on our websites. Any changes that we make to this Privacy Policy will be effective immediately upon posting. You should check this page periodically for changes to the Privacy Policy. If you object to any such changes, you must cease using our websites, products and services. Continued use of our websites, products or services following notice of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

NOTICE FOR CALIFORNIA USERS

A business subject to California Civil Code section 1798.83 is required to disclose to its California customers, upon request, the identity of any third parties to whom the business has disclosed personal information within the previous calendar year, along with the type of personal information disclosed, for the third parties’ direct marketing purposes.

If you are a California resident and would like to make such a request, please send an email to gethelp@vivial.net.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by email at dca@dca.ca.gov, in writing at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

ADDITIONAL RIGHTS

You may have other privacy protections under applicable state laws. To the extent these laws apply, we will comply with them when we share information about you.

Effective as of: October 1, 2016