PRIVACY STATEMENT

This privacy notice for VIVANTI SA ('we', 'us', or 'our'), describes how and why we might collect, store, use, and/or share ('process') your information when you use our services ('Services'), such as when you:

• Visit our website at https://vivanti.eu, or any website of ours that links to this privacy notice.
• Engage with us in other related ways, including any sales, marketing, or events.

Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at [email protected].

TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE PROCESS YOUR INFORMATION?
3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR PERSONAL INFORMATION?
4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
6. HOW LONG DO WE KEEP YOUR INFORMATION?
7. DO WE COLLECT INFORMATION FROM MINORS?
8. WHAT ARE YOUR PRIVACY RIGHTS?
9. CONTROLS FOR DO-NOT-TRACK FEATURES
10. DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
11. DO WE MAKE UPDATES TO THIS NOTICE?
12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short:
We collect personal information that you provide to us. We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.

Sensitive Information.
We do not process sensitive information.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information. Vivanti does not collect biometric data, including fingerprints, facial recognition data, or voiceprints. While location data may be collected through IP addresses for security and analytics purposes, precise geolocation tracking is not utilized.

Information automatically collected

In Short:
Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services. We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes. Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes:

• Log and Usage Data.
  Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps')), and hardware settings.
• Device Data.
  We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
• Location Data.
  We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services. Users may modify their tracking preferences at any time via our Cookie Preferences page.

2. HOW DO WE PROCESS YOUR INFORMATION?

In Short:

We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.

We process your personal information for a variety of reasons, depending on how you interact with our Services, including:

• To provide and improve our services. We use your information to deliver, personalize, and enhance your experience with our Services.
• For communication purposes. We may contact you to provide updates, respond to inquiries, and deliver service-related messages.
• For security and fraud prevention. We process your information to detect, investigate, and prevent fraudulent activities, security threats, and unauthorized access.
• To comply with legal obligations. We may use your data to comply with regulatory requirements, court orders, and law enforcement requests.

Vivanti does not process personal data under the ’vital interests’ legal basis, as our services do not involve life-or-death scenarios.

3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?

In Short:

We only process your personal information when we have a valid legal reason (i.e., legal basis) under applicable law. These include obtaining your consent, complying with legal obligations, providing services to fulfill contractual obligations, protecting your rights, or pursuing our legitimate business interests.

We rely on the following legal bases to process your personal information:

• Consent:
  We process your information when you have given us explicit permission for a specific purpose. You can withdraw your consent at any time by adjusting your privacy settings, using our privacy management tools, or contacting us.
• Contractual Necessity:
  We process your data when it is necessary to fulfill a contract with you, including providing requested services.
• Legal Obligations:
  Legal Obligations:
We may process your information to comply with applicable laws, regulations, or legal requests from authorities, such as financial reporting requirements or obligations related to fraud prevention.
• Legitimate Interests:
  We may process your data for business interests, such as improving our services, ensuring security, preventing fraud, and analyzing user behavior. We ensure that these interests do not override your fundamental rights and freedoms and provide opt-out mechanisms where applicable.

If you are located in the EU, UK, or Canada, additional legal bases may apply to your jurisdiction, as detailed in the sections below.

Additional Legal Bases for Processing in the EU and UK

The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on to process your personal information. As such, we may rely on the following additional legal bases:

• Consent:
  We may process your information if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time through your account settings or by contacting us.
• Legal Obligations:
  We may process your information where we believe it is necessary for compliance with our legal obligations, such as cooperating with law enforcement bodies or regulatory agencies, exercising or defending our legal rights, or disclosing your information as evidence in litigation in which we are involved.
• Vital Interests:
  Vital Interests: Vivanti does not process personal data under the ’vital interests’ legal basis, as our services do not involve life-or-death scenarios.

Additional Legal Bases for Processing in Canada

Under Canadian law, we may process your information if you have given us specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time through your account preferences or by contacting us.

In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:

• If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way.
• For investigations, fraud detection, and prevention.
• For business transactions provided certain conditions are met.
• If it is contained in a witness statement and necessary for assessing, processing, or settling an insurance claim.
• For identifying injured, ill, or deceased persons and communicating with next of kin.
• If we have reasonable grounds to believe an individual has been, is, or may be a victim of financial abuse.
• If obtaining consent would compromise the availability or accuracy of the information needed for investigating a breach of agreement or a contravention of Canadian law.
• If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records.
• If the data was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the original purpose of disclosure.
• If the collection is solely for journalistic, artistic, or literary purposes.
• If the information is publicly available and specified by Canadian privacy regulations.

4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

In Short:

We may share information in specific situations described in this section and/or with the following third parties.

We may need to share your personal information in the following situations:

• Business Transfers.
  We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
• Legal and Regulatory Compliance.
  We may disclose your personal information when required by law, such as in response to a subpoena, court order, or other legal processes, or to comply with regulatory obligations.
• Service Providers.
  We may share your information with third-party vendors, consultants, and other service providers who perform services on our behalf, such as website hosting, data analytics, customer support, and marketing assistance. These third parties are contractually obligated to protect your personal data and only process it in accordance with our instructions.
• Business Partners.
  We may share your personal information with our business partners to offer you certain products, services, or promotions, where permitted by law and subject to your consent where required.

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short:

We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to gather information when you interact with our Services. Some online tracking technologies help us maintain the security of our Services, prevent crashes, fix bugs, save your preferences, and assist with basic site functions.

We also permit third parties and service providers to use online tracking technologies on our Services for analytics and advertising, including to help manage and display advertisements, to tailor advertisements to your interests, or to send abandoned shopping cart reminders (depending on your communication preferences). These third parties may collect data about your interactions with our website and other online services over time to build a profile of your interests and provide targeted advertising.

Users have the option to manage their cookie preferences through our Cookie Preferences page, where they can accept or reject non-essential cookies.

To the extent these online tracking technologies are deemed to be a 'sale'/'sharing' (which includes targeted advertising, as defined under the applicable laws) under applicable US state laws, you can opt out of these online tracking technologies by submitting a request as described below under section 'Do United States residents have specific privacy rights?'

We honor browser-based opt-out signals, including Global Privacy Control (GPC), where legally required.

Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

Google Analytics

We may share your information with Google Analytics to track and analyze the use of the Services. The Google Analytics Advertising Features that we may use include: Google Analytics Demographics and Interests Reporting. These features help us understand user behavior and improve our services by analyzing aggregated website traffic and user interactions.

Google Analytics may collect data such as your IP address, device type, browser information, and browsing behavior across different websites that use Google services. This data is used to generate reports and insights but does not personally identify individual users.

To opt out of being tracked by Google Analytics across the Services, visit Google Analytics Opt-Out Tool. You can also disable Google Analytics Advertising Features through Google Ads Settings and Ad Settings for mobile apps. Additional opt-out mechanisms include Network Advertising Initiative Opt-Out and NAI Mobile Choice.

We recommend reviewing Google’s privacy policies to understand how your data is processed. For more details, visit the Google Privacy & Terms.

6. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short:

We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only retain your personal information for as long as it is necessary to fulfill the purposes outlined in this privacy notice, including providing our services, complying with legal obligations, resolving disputes, and enforcing our agreements. If a longer retention period is required or permitted by law (such as tax, accounting, or regulatory compliance), we will retain the information accordingly.

We apply specific retention criteria depending on the nature of the data and the reasons for its collection.

• Operational Data
  Retained for as long as necessary to provide our services.
• Legal and Compliance Data
  Retained as required by applicable laws and regulations.
• Marketing Data
  Retained until the user withdraws consent or requests deletion.
• Security and Fraud Prevention Data
  Security and Fraud Prevention Data
Retained for as long as needed to ensure security and prevent fraud.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information. If deletion is not possible (for example, because your personal information has been stored in backup archives), we will securely store and restrict access to your personal data until deletion becomes feasible.

7. DO WE COLLECT INFORMATION FROM MINORS?

In Short:

We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly collect, solicit data from, or market to children under 18 years of age, nor do we knowingly sell such personal information. If you are under 18, you should not provide any personal data through our Services.

By using the Services, you represent that you are at least 18 years old or that you are the parent or legal guardian of a minor and consent to their use of the Services. If we discover that we have collected personal information from a minor without verifiable parental consent, we will take immediate steps to remove the data and deactivate the account.

If you become aware of any data we may have collected from children under age 18, please contact us at [email protected] so we can take appropriate action.

8. WHAT ARE YOUR PRIVACY RIGHTS?

In Short:

Depending on your state of residence in the US or in some regions, such as the European Economic Area (EEA), United Kingdom (UK), Switzerland, and Canada, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time, depending on your country, province, or state of residence.

In some regions (like the EEA, UK, Switzerland, and Canada), you have certain rights under applicable data protection laws. These may include the right:

• To request access and obtain a copy of your personal information.
• To request rectification or correction of inaccurate or incomplete data.
• To request erasure of your personal information when it is no longer necessary for the purposes for which it was collected.
• To restrict processing of your personal information in certain circumstances.
• To data portability, allowing you to obtain and reuse your personal data across different services.
• To object to processing of your personal information, including for direct marketing purposes.
• Not to be subject to automated decision-making, including profiling, that produces legal effects concerning you.

You can exercise these rights by contacting us using the details provided in the section 'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?' below.

We will consider and act upon any request in accordance with applicable data protection laws.

9. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and applications include a Do-Not-Track (’DNT’) feature or setting that allows you to signal your privacy preference not to have data about your online browsing activities monitored and collected. However, since no uniform technology standard for recognizing and implementing DNT signals has been established, our Services do not currently respond to DNT browser signals or other automated opt-out mechanisms.

If industry standards or legal requirements regarding DNT signals change in the future, we will update this privacy notice accordingly.

Under California law, we are required to disclose how we respond to DNT signals. Because there is no widely accepted industry or legal standard for honoring DNT signals, we currently do not process or respond to them.

10. DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short:

If you are a resident of California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Montana, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, or Virginia, you may have the right to request access to and receive details about the personal information we maintain about you and how we have processed it, correct inaccuracies, get a copy of, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law. More information is provided below.

Categories of Personal Information We Collect

We have collected the following categories of personal information in the past twelve (12) months:

We may also collect other personal information outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of:

• Receiving help through our customer support channels;
• Participation in customer surveys or contests;
• Facilitation in the delivery of our Services and to respond to your inquiries.

Sources of Personal Information

Learn more about the sources of personal information we collect in 'WHAT INFORMATION DO WE COLLECT?'

How We Use and Share Personal Information

Learn about how we use your personal information in the section, 'HOW DO WE PROCESS YOUR INFORMATION?'

Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Learn more about how we disclose personal information to in the section, 'WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?'

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be 'selling' of your personal information.

We have not disclosed, sold, or shared any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. We will not sell or share personal information in the future belonging to website visitors, users, and other consumers.

Your Rights

You have rights under certain US state data protection laws. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law. These rights include:

• Right to know whether or not we are processing your personal data
• Right to access your personal data
• Right to correct inaccuracies in your personal data
• Right to request the deletion of your personal data
• Right to obtain a copy of the personal data you previously shared with us
• Right to non-discrimination for exercising your rights
• Right to opt out of the processing of your personal data if it is used for targeted advertising (or sharing as defined under California’s privacy law), the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects ('profiling')

Depending upon the state where you live, you may also have the following rights:

• Right to obtain a list of the categories of third parties to which we have disclosed personal data (as permitted by applicable law, including California's and Delaware's privacy law)
• Right to obtain a list of specific third parties to which we have disclosed personal data (as permitted by applicable law, including Oregon’s privacy law)
• Right to limit use and disclosure of sensitive personal data (as permitted by applicable law, including California’s privacy law)
• Right to opt out of the collection of sensitive data and personal data collected through the operation of a voice or facial recognition feature (as permitted by applicable law, including Florida’s privacy law)

How to Exercise Your Rights

To exercise these rights, you can contact us by submitting a data subject access request, by emailing us at [email protected], or by referring to the contact details at the bottom of this document.

Under certain US state data protection laws, you can designate an authorised agent to make a request on your behalf. We may deny a request from an authorised agent that does not submit proof that they have been validly authorised to act on your behalf in accordance with applicable laws.

Request Verification

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. We will only use personal information provided in your request to verify your identity or authority to make the request. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes.

If you submit the request through an authorised agent, we may need to collect additional information to verify your identity before processing your request and the agent will need to provide a written and signed permission from you to submit such request on your behalf.

Appeals

Under certain US state data protection laws, if we decline to take action regarding your request, you may appeal our decision by emailing us at [email protected]. We will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal is denied, you may submit a complaint to your state attorney general.

California 'Shine The Light' Law

California Civil Code Section 1798.83, also known as the 'Shine The Light' law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us by using the contact details provided in the section 'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?'

11. DO WE MAKE UPDATES TO THIS NOTICE?

In Short:

Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated ’Revised’ date at the top of this privacy notice. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at [email protected] or contact us by post at:
Boulevard de France 9A, Braine l’Alleud, 1420, Belgium

13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country or state of residence in the US, you may have the right to:

• Request access to the personal information we collect from you.
• Obtain details about how we have processed your personal data.
• Correct inaccuracies in your personal information.
• Request deletion of your personal data when it is no longer necessary for the purposes for which it was collected.
• Withdraw consent to our processing of your personal information where applicable.

These rights may be limited in certain circumstances as required by applicable laws, such as where retention is necessary for compliance with legal obligations or for security purposes.

To review, update, or delete your personal information, please fill out and submit a data subject access request using our designated privacy request form or by contacting us at the details provided in this notice.