VIVOCloud Privacy Policy

We, VIVOTEK Inc., will follow the concerned regulations and protect your online privacy with our best efforts. This Privacy Policy explains why and what information VIVOTEK will collect and/or process, and how VIVOTEK will deal with it. If you have any questions, please contact us at privacy@vivotek.com.

Your personal data – what is it?

Personal data is the data that can be used to identify a living individual. Identification can be from the data alone, or in conjunction with any other data in data controller’s possession or likely to come into such possession.

What roles do we play in processing your data?

We are the data controller with respect to processing your data. This means that we decide how your personal data is processed and for what purposes. We understand that you care how data about you is used and shared, and we appreciate your trust that we will do so carefully and responsibly.

Your Consent Matters

We will only store and process your personal data if you provide your explicit consent beforehand. You are not under any obligation to provide us any personal data. As noted below, this is your choice. However, please note that without certain personal data, we may not adequately provide you with our full range of VIVOCloud services.

The lawful basis for us to process your personal data is as below:

1. Processing based on your explicit consent;
2. Processing as necessary for us to enter into and to perform our contract with you;
3. Processing as necessary for us to comply with our obligation under the regulations;
4. Processing as necessary for our legitimate interest of transmitting your data for internal administrative purposes within our group companies to ensure our network security and to prevent fraud. We have determined that such use of your data is not overridden by considerations of your interests and rights of freedom.

Why VIVOCloud Service Accesses Your Device

The VIVOCloud app will access the following components or information from your mobile devices to perform full app functions:

• Phone status and UID

  We collect phone status and UID to analyze usage status, and improve our services.



• Camera

  The camera is used for QR code scanning.



• Microphone

  The microphone is used when you use 2-way audio in the VIVOCloud app.



• Location (approximate location based on Internet hot spot)

  We collect the approximate location based on Internet addresses for data analysis and research to improve our services.



• SD card

  Screenshots may be saved to your SD card.



• Internet

  VIVOCloud service requires an internet connection.



• Prevent mobile phone from hibernating

  When streaming video, this function will keep the screen on.

What Information We Collect and How We Use It

We collect and use the following information to provide, improve and protect our services:

• Essential Service Information

  VIVOTEK will use Essential Service Information to run VIVOCloud service. Essential Service Information refers to the minimum data required to confirm your identity when you wish to access your devices and the service content that belongs to you. This data includes your VIVOCloud account name and VIVOTEK device ID linked to your account.

  Your email address will also be used in, including but not limited to, the following cases:

  1. Notify you when we renew our Privacy Policy and Terms of Use
  2. Notify you about service updates and service interruptions (service temporarily offline)
  3. Notify you of potential misuse of VIVOCloud services


• Private Information

  You may provide your device MAC address, personal mailing address, country, name, and organization at your own will when using in-app technical support. Your email account will be also collected when used to register to our service.



• Crash Reports and Diagnosis

  VIVOCloud collects Crash Reports and Diagnosis data anonymously. VIVOTEK will use Crash Reports and Diagnosis data only for refining service stability or tracing issues with your permission.

  To improve the quality of our service, we strongly recommend you provide this data anonymously to our service. You do have the right to choose whether or not to provide this data to us, and you can always update this information at anytime.



• Anonymous Usage Data

  We collect information, which includes, but is not limited to, IP addresses, type of mobile devices, identifiers associated with your devices, connection speeds and connection times. Your devices may also transmit location information to the services. VIVOCloud collects anonymous usage data in an encrypted method, leaving no way to trace back to the source. The data will help VIVOTEK discover service status, and provide for a better user experience.

  You do have the right to choose whether or not to provide this data to us, and you can always update this information at anytime.

Information or Content Sharing

Your personal data will be treated as strictly confidential and will only be shared with the categories of data recipients listed below. We will not share your data with third parties outside the Company without your consent.

We may disclose your personal data to:

• Our affiliated entities within our global group of companies to provide you services, to serve our internal administration purposes, to detect and prevent data breaches, illegal activities and fraud, and to maintain the integrity of our information technology systems.


• Third party service providers whom we sub-contract to help us provide our services to you, and those who assist us in detecting and dealing with data breaches, illegal activities and fraud.


• Government, courts, or law enforcement agencies to comply with our obligations under relevant laws and regulations, to enforce and defend our policies and contracts with you, to respond to claims, or used as a response to verified requests relating to a government, criminal investigation, suspected fraud, or illegal activity that may expose us, you, or any other of our customers to legal liability.


• Third parties involved in legal proceedings, under a court order, or substantially similar legal procedure requiring us to do so.

How long do we keep your personal data?

We keep your personal data for no longer than reasonably necessary for the given purpose that your data is used for. If you offer us or have given consent to process your data, we will process your data for no longer than one year. Notwithstanding the above, we may retain your personal data as required by law to assist judicial investigations, and to initiate or defend legal claims for the purpose of civil, criminal or administrative proceedings. If none of the above grounds applies, we will delete and dispose of your data in a secure manner according to our data protection policy.

Your rights and your personal data

Unless subject to an exemption under the concerned regulations, you have the following rights with respect to your personal data:

• The right to request a copy of your personal data;


• The right to request that we correct the data, if it is found inaccurate or out of date;


• The right to request that we erase your personal data where it is no longer necessary for us to retain such data. If you choose to delete your account, we will erase your personal data within one month. However, in case of technical difficulty, you will be notified and the complete erasure may take up to two months;


• The right to withdraw your consent to processing at any time;


• The right to request that we provide you with your data and where possible, to transmit that data directly to another data controller;


• The right, where there is a dispute in relation to the accuracy or the lawfulness of our processing of your personal data, to request that a restriction is placed upon further processing of your data;


• The right to object to us using your personal data to engage in direct marketing;


• The right to lodge a complaint regarding our processing of your data with the competent authority of the European Union member state where you reside or in which your data is processed.

If you would like to exercise any of the above rights, please do so through this [link].

After receiving your request, we will evaluate your request and inform you how we intend to proceed with your request. Please note that, in accordance with applicable laws and regulations, we may withhold access to your data or decline to modify, erase, port, or restrict the processing of your data.

Transfer of your personal data abroad

Because VIVOCloud is a global service, we must be able to transmit your data to other countries within our worldwide service host servers for the reasons set forth above. In making such international data transfers, we will ensure the protection of your personal data by applying the highest levels of security required by the applicable data protection regulations.

Further processing

Before we use your personal data for a new purpose not covered within this data privacy policy, we will provide you with a new notice explaining this new usage prior to commencing. In such cases, we will find a lawful basis for the further processing and seek your prior consent to such further processing.

Security

We protect your data using technical measures to minimize the risks of misuse, unauthorized access, unauthorized disclosure, and loss of access. Some of the safeguards we use are data pseudonymization, data encryption, firewalls and data access authorization controls. We take data security very seriously, therefore the security mechanisms used to protect your data are checked and updated regularly to provide the most effective protection against abuse.

If you believe that the security of your data has been compromised, or if you would like to know more information on the measures we use to protect your data, please contact us at technical@vivotek.com.

Limited Liability

We will do our utmost to protect users’ personal data. Should a data breach occur, we will notify our users immediately and take every effort to remedy it ASAP.

We will in no event be liable under this Privacy Policy and the services to you for any indirect, incidental, special, consequential or punitive damages, whether foreseeable or unforeseeable, of any kind whatsoever, whether based on warranty, contract, tort (including negligence) or any other legal equitable theory, even if it has been advised for the possibility of such damages. Our aggregate liability to you for losses, damages, costs, expenses, and other amounts arising out of or relating to this Privacy Policy and the services, regardless of the theory of liability, will in no event exceed the amount paid by you.

Changes

We reserve the right to revise this Privacy Policy and will release the most current version on our Website.