PRIVACY POLICY

 

This Privacy Policy was last updated on 01.09.2020.

  1. ABOUT VIVIOT

We welcome you to the VIVIOT Ecosystem. We thank you for your interest in our company and our solutions.

VIVIOT Ecosystem and the VIVIOT Platform is owned, managed and operated by VIVIOT d.o.o., a Limited liability company registered in Slovenia under registration number 6066712000, with a VAT identification number SI 97641537 having its registered office at Industrijska cesta 1, 1000 Ljubljana, Slovenia (hereinafter “VIVIOT”, “WE” or “Us”).

VIVIOT is the data controller of your Personal Data processed for purposes set forth herein and, unless expressly specified otherwise, is responsible for the collection, use, disclosure, retention, and protection of your Personal Data in accordance with our privacy standards, this Privacy Policy, and applicable laws.

This data privacy information applies to all types of Users of the VIVIOT Platform, including the Facility Operators, Service Providers and End-users (together “You” or “Users”).

VIVIOT Services enable you to register and create an account and use various features, such as controlling various aspects of the facilities and amenities (Property Automation) enabled by a particular Facility Operator (VIVIOT Consumer Application) if you are an End User, or participate in various workflows as an employee, an independent contractor, or a person acting on behalf of the independent contractor of the Facility Operator (VIVIOT Business Application) if you are a Service Provider, and various business dashboards, reports and workflows if you are a Facility Operator.

This Privacy Policy (“Policy”) outlines what Personal Data we collect and how we process it.

At a glance, this Privacy Policy contains the following information:

-        What information we collect.

-        How we collect your information.

-        How we use your information.

-        What information we share.

-        What security measures we have in place to protect your information.

-        What rights and choices you have in relation to your information.

This is important to us. Please read it carefully to understand our views and practices regarding your Personal Data and how we will treat it.

Unless the context indicates otherwise our Privacy Policy applies to all Users as defined in our standard Terms of Use accessible at https://viviot.net/terms-of-use(“Terms”).

Where used in this policy, the term "Personal Data" means any information identifying or describing an identifiable individual, including, but not limited to information relating to their name, age, gender, reproductive status, marital status, national, ethnic or social origin, sexual orientation, physical or mental health, disability, conscience, belief, culture, language and birth of the individual; educational, criminal or employment history of the individual, financial status or information relating to financial transactions in which they have been involved and any identifying number, address or contact information of the individual.

By downloading the VIVIOT Mobile Application, creating your user account or otherwise accessing the VIVIOT Platform and agreeing to this Policy, you consent to our collection of your Personal Data.

 

  1. INTERPRETATION

We’ve defined the following terms, which are used throughout this Privacy Policy, to provide better clarity on what we mean:

-        User Database is a list of Users a Customer may provide us with and all associated information related to those Users (for example, names and phone numbers).

-        Personal Data means any information that identifies or can be used to identify an individual directly or indirectly. Examples of Personal Data include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information.

-        Visitor means, depending on the context, any person who visits our website, accessible at https://viviot.net.

-        You and your means, depending on the context, either an User, or a Visitor.

-        Facility Operator means an owner, manager, or another person entitled to manage a particular property on a particular location pursuant to the Terms of Service available at https://viviot.net/tos.

-        User is a common overarching term, which applies to Facility Operators, End Users and Service Providers alike.

-        Service Provider means an employee, independent contractor, or person acting on behalf of the Facility Operator.

-        End User is a private individual, who uses locations and the services provided by a Facility Operator via the VIVIOT Platform.

-        VIVIOT Mobile Application means a mobile application available for Android and iOS developed, deployed and operated by VIVIOT which comprises the VIVIOT Business Application and VIVIOT Consumer Application.

-        AIRPOD Mobile Application means a mobile application available for Android and iOS, developed, deployed and operated by VIVIOT, created for End Users of a specific Facility Operator.

-        VIVIOT Business Application means a mobile application available for Android and iOS, developed, deployed and operated by VIVIOT, accessible to business users, such as Facility Operators and Service Providers.

-        VIVIOT Consumer Application means a mobile application available for Android and iOS, developed, deployed and operated by VIVIOT, accessible to End Users who are private individuals, such as guests of the Facility Operators.

-        VIVIOT Business Dashboard (VIVIOT Web Application) means a web application developed, deployed and operated by VIVIOT, accessible to business users, such as Facility Operators and Service Providers.

-        VIVIOT Ecosystem comprises the VIVIOT Mobile Application, VIVIOT Website and the VIVIOT Web Application and various types of Users (Facility Operators, Service Providers and individuals), IoT Devices and locations.

-        VIVIOT Platform refers to VIVIOT Business Application, VIVIOT Consumer Application and VIVIOT Web Application.

-        VIVIOT Services means all services available to specific types of users via the VIVIOT Platform.

-        IoT Devices means nonstandard computing devices that connect wirelessly to a network and have the ability to transmit data.

 

 



  1. OUR COMMITMENT TO PRIVACY PROTECTION

 

We are committed to maintaining the confidentiality, integrity and security of all Personal Data we collect or process and we will take all reasonable technical and organisational security measures to ensure that where any Personal Data is provided to us it will be protected against loss, destruction and damage, and against unauthorised or accidental access, processing, erasure, transfer, use, modification, disclosure or other misuse.

 

We shall not disclose to any person any Personal Data of a data subject that is processed or hosted by us where any such disclosure would not comply in all respects with the provisions of any applicable data protection legislation or regulations relating to the data subject concerned.

If you have any questions or concerns about our use of your Personal Data, then please contact us using the contact details provided at the end of Section 6.13.

 

To the extent we provide you with notice of different or additional privacy policies, those policies will govern such interactions.

 

  1. PRIVACY FOR USERS

 

This section applies to the User’s Personal Data we collect and process in relation to our provision of the VIVIOT Services. If you are not a User, this section does not apply to you. In this section, "you" and "your" refer to Users only.

 

4.1.           Facility Operators

4.1.1.           What Personal Data we may collect and why

 

Personal Data we collect may include information in relation to your entity and employees:

-        Business contact information (such as personal names of your employees, job titles, organization’s location, phone number, email address, and country);

-        Marketing information (such as your contact preferences);

-        Account log-in credentials (such as your email address or usernames and passwords);

-        Troubleshooting and support data (This may include contact or authentication data, the content of your communications with us, etc.); and

-        Payment information (including your credit card numbers and associated identifiers and billing address).

-        from time to time, we may obtain information about you from third-party sources, such as public databases, social media platforms, third-party data providers, and our joint marketing partners.

-        Examples of the information we receive from other sources include demographic information (such as age and gender), device information (such as IP addresses), location (such as city and state), and online behavioral data (such as information about your use of social media websites, page view information and search results and links). We use this information, alone or in combination with other Personal Data we collect, to enhance our ability to provide relevant marketing and content to you and to develop and provide you with more relevant products, features, and service.

-        Communication data (e.g. name, telephone, e-mail, address, IP address).

-        Contractual master data (e.g. contractual relationships, contractual or product interest).

-        User history.

-        Billing and payment data.

-        Planning and regulation data (i.e. attendee management).

-        Device information: We collect information about the device and applications you use to access the VIVIOT Platform.

-        Usage data: It is important for us to ensure the security and reliability of the VIVIOT Services we provide. Therefore, we also collect usage data about your interactions with VIVIOT Platform, which may include dates and times you accessed various features and used various functionalities or set various parameters within you User profile. This information also allows us to ensure compliance with our Terms, to monitor and prevent service abuse, and to ensure we attain certain usage standards and metrics in relation to VIVIOT Services. We also collect information regarding the performance of the VIVIOT Services. This information allows us to improve the operation of the VIVIOT Servicesand facilitate research and perform analysis into the use and performance of the VIVIOT Services.

 

 

 

 

 

4.1.2.           Grounds for and purpose of obtaining Personal Data:

We are entitled to collect the aforementioned data based on our Service Level Agreement for the purpose of contract formation and providing the VIVIOT Services and enabling access to the VIVIOT Platform.

There are situations in which we cannot take action without certain Personal Data, for instance because this Personal Data is needed to enable your access and usage of the VIVIOT Platform and VIVIOT Services, process your orders or to give you access to the features and dashboards you require. In such cases, we unfortunately cannot supply what you desire without the relevant Personal Data.

4.1.3.           Your commitment to compliance


You undertake
to, upon our request, fill our form listing the source(s) of the Personal Data on your Service Providers, measures you take for the protection of their Personal Data, their written consent to share their Personal Data with Us and other measures required to ensure your compliance with the applicable Personal Data protection laws and regulations, as well as provide us with your privacy policy and general terms and conditions or other appropriate legal documents to ensure and showcase your compliance (“Statement of compliance”).

 

Your failure to produce a Statement of compliance may cause termination of VIVIOT Services and any non-compliance is considered a fundamental violation of our Terms and as such a cause for termination of any applicable Service Level Agreement.

 

4.2.           Service Providers

4.2.1.           What Personal Data we may collect and why

 

Personal Data we collect may include information in relation to your entity, person, and/or employees:

-        Business contact information (such as personal names of your employees, job titles, organization’s location, phone number, email address, and country);

-        Marketing information (such as your contact preferences);

-        Account log-in credentials (such as your email address or usernames and passwords);

-        Troubleshooting and support data (This may include contact or authentication data, the content of your communications with us, etc.); and

-        From time to time, we may obtain information about you from third-party sources, such as public databases, social media platforms, third-party data providers, and our joint marketing partners.

-        Examples of the information we receive from other sources include demographic information (such as age and gender), device information (such as IP addresses), location (such as city and state), and online behavioral data (such as information about your use of social media websites, page view information and search results and links). We use this information, alone or in combination with other Personal Data we collect, to enhance our ability to provide relevant marketing and content to you and to develop and provide you with more relevant products, features, and service.

-        Communication data (e.g. name, telephone, e-mail, address, IP address).

-        Contractual master data (e.g. contractual relationships, contractual or product interest).

-        User history.

-        Task planning and execution data.

-        Device information: We collect information about the device and applications you use to access the VIVIOT Platform.

-        Usage data: It is important for us to ensure the security and reliability of the Service we provide. Therefore, we also collect usage data about your interactions with VIVIOT Platform, which may include dates and times you accessed various features and used various functionalities or set various parameters within you User profile. This information also allows us to ensure compliance with our Terms, to monitor and prevent service abuse, and to ensure we attain certain usage standards and metrics in relation to VIVIOT Services. We also collect information regarding the performance of the VIVIOT Services, including metrics related to the VIVIOT Services. This information allows us to improve the operation of the VIVIOT Services and facilitate research and perform analysis into the use and performance of the VIVIOT Services.

 

4.2.2.           Grounds for and purpose of obtaining Personal Data:

We are entitled to collect the aforementioned data based on your explicit consent. We collect the aforementioned Personal Data for the purpose of enabling Process Automation and other services ordered by the Facility Operator who requires your services.

There are situations in which we cannot take action without certain Personal Data, for instance because this Personal Data is needed to enable your access and usage of the VIVIOT Platform and VIVIOT Services, process your orders or to give you access to a Mobile Application or its features. In such cases, we unfortunately cannot supply what you desire without the relevant Personal Data.

4.3.           End Users

4.3.1.           What Personal Data we may collect and why

 

Personal Data we collect may include information in relation to your person:

-        Contact information (such as personal name, email, phone number, address, etc.);

-        Marketing information (such as your contact preferences);

-        Account log-in credentials (such as your email address or usernames and passwords);

-        Troubleshooting and support data (This may include contact or authentication data, the content of your communications with us, etc.); and

-        from time to time, we may obtain information about you from third-party sources, such as public databases, social media platforms, third-party data providers, and our joint marketing partners.

-        Examples of the information we receive from other sources include demographic information (such as age and gender), device information (such as IP addresses), location (such as city and state), and online behavioral data (such as information about your use of social media websites, page view information and search results and links). We use this information, alone or in combination with other Personal Data we collect, to enhance our ability to provide relevant marketing and content to you and to develop and provide you with more relevant products, features, and service.

-        User history, including your preferences regarding VIVIOT Services, locations you visited, your click-through information and other information on you specific User-behavior.

-        Device information: We collect information about the device and applications you use to access the VIVIOT Platform.

-        Usage data: It is important for us to ensure the security and reliability of the VIVIOT Services we provide. Therefore, we also collect usage data about your interactions with VIVIOT Platform, which may include dates and times you accessed various features and used various functionalities or set various parameters within you User profile. This information also allows us to ensure compliance with our Terms, to monitor and prevent service abuse, and to ensure we attain certain usage standards and metrics in relation to our VIVIOT Services. We also collect information regarding the performance of the VIVIOT Services, including metrics related to the VIVIOT Services. This information allows us to improve the operation of the VIVIOT Servicesand facilitate research and perform analysis into the use and performance of the VIVIOT Services.

 

4.3.2.           Grounds for and purpose of obtaining Personal Data:

We are entitled to collect the aforementioned data based on your explicit consent. We collect the aforementioned Personal Data for the purpose of enabling VIVIOT Services, improving your user experience, and ensuring technical functioning of the VIVIOT Platform.

There are situations in which we cannot take action without certain Personal Data, for instance because this Personal Data is needed to enable your access and usage of the VIVIOT Platform and VIVIOT Services, process your orders or to give you access to a Mobile Application or its features. In such cases, we unfortunately cannot supply what you desire without the relevant Personal Data.

  1. GENERAL

 

This section applies to the Personal Data we collect and process about all Users. For purposes of this section, "you" and "your" refers to all Users and Visitors unless otherwise indicated.

5.1.           Use of Personal Data

We may use the Personal Data we collect or receive in relation to providing the VIVIOT Services (alone or in combination with other data we source) for the purposes and on the legal bases identified below:

-        To bill and collect money owed to us by you to perform our contract with you for the use of the VIVIOT Services or where we have not entered into a contract with you, in accordance with our legitimate interests to operate and administer VIVIOT Services.

-        To send you system alert messages in reliance on our legitimate interests in administering the VIVIOT Services and providing certain features.

-        To communicate with you about your account and provide customer support to perform our contract with you for the use of the VIVIOT Services or where we have not entered into a contract with you, in reliance on our legitimate interests in administering and supporting VIVIOT Services.

-        To enforce compliance with our Terms and applicable law.

-        To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.

-        To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements in reliance on our legitimate interests.

-        To prosecute and defend a court, arbitration, or similar legal proceeding.

-        To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.

-        To provide, support and improve the VIVIOT Services.

-        To provide suggestions to you and to provide tailored features within VIVIOT Services that optimize and personalize your experience in reliance on our legitimate interests in administering the VIVIOT Services and providing certain features.

-        To perform data analytics projects in reliance on our legitimate business interests in improving and enhancing our products and VIVIOT Services.

-        To conduct marketing research, advertise to you, provide personalized information about us, and to provide other personalized content based on your activities and interests to the extent necessary for our legitimate interests in supporting our marketing activities or advertising VIVIOT Services or instances where we seek your consent.

-        To carry out other legitimate business purposes, as well as other lawful purposes, such as data analysis, fraud monitoring and prevention, identifying usage trends and expanding our business activities in reliance on our legitimate interests.

-        To cooperate with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Data to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of VIVIOT Services, protecting personal property or safety, pursuing remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes, or responding to lawful requests.

5.2.           Cookies and Tracking Technologies

We use cookies and similar tracking technologies to collect and use Personal Data about you on our Website, including to serve interest-based advertising. For further information about the types of cookies and trackingtechnologies we use, why, and how you can control them, please see our Cookie Statement available here.

5.3.           Your Data Protection Rights

Depending on the country in which you reside, you may have the following data protection rights:

-        To access; correct; update; port; delete; restrict; or object to our processing of your Personal Data.

-        You may contact us directly by emailing us at info@viviot.net. You can also manage information about your Users and request to access, correct, update, port or delete information that you have provided. Note, if any of your Users wish to exercise any of these rights, they should contact you directly, or contact us as described in the “Privacy for Contacts” section below.

-        The right to complain to a data protection authority about the collection and use of Personal Data. For more information, please contact your local data protection authority.

-        Similarly, if Personal Data is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your Personal Data conducted in reliance on lawful processing grounds other than consent. If you receive these requests from Users, you can segment Users to ensure that you only market to Users who have not opted out of receiving your Messages.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection law. We may ask you to verify your identity in order to help us respond efficiently to your request. If we receive a request from one of your Users, we will either direct the User to reach out to you, or, if appropriate, we may respond directly to their request.

 

 

 

5.4.           Legal Basis for Processing Personal Data (Applies to EEA and UK Persons Only)

If you are located in the EEA or UK, our legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which we collect it.

However, we will normally collect and use Personal Data from you where the processing is in our legitimate interests and not overridden by your data-protection interests or fundamental rights and freedoms. Our legitimate interests are described in more detail in this privacy policy in the sections above titled “Use of Personal Data”, but they typically include improving, maintaining, providing, and enhancing our technology, products, and services; ensuring the security of the Services; and supporting our marketing activities.

If you are a Customer, we may need the Personal Data to perform a contract with you. In some limited cases, we may also have a legal obligation to collect Personal Data from you. If we ask you to provide Personal Data to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Data is mandatory or not, as well as of the possible consequences if you do not provide your Personal Data.

Where required by law, we will collect Personal Data only where we have your consent to do so.

If you have questions or need further information concerning the legal basis on which we collect and use your Personal Data, please contact us using the contact details provided in the "Questions and Concerns" section below.

5.5.           Your Choices and Opt-Outs

You can opt out of receiving marketing messages from us at any time by clicking the "unsubscribe" link at the bottom of our marketing messages.

Also, all opt-out requests can be made by emailing us using the contact details provided in the "Questions and Concerns" section below.

5.6.           Our Security

Taking into account relevant developments in technology including telecommunications and web services, technical limitations associated with different telecommunications protocols, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we shall in relation to the Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.

In assessing the appropriate level of security, we shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.

5.7.           Data Storage and International Transfers

Our servers and offices are located in Azure West Europe datacenter, currently located in Amsterdam, EU, so your information may be transferred to, stored, or processed in the EU. We are subject to Slovenian Data Protection Act.

If you are a resident of a state or country which is not one of the Member States of the European Union you hereby consent to having your Personal Data stored and processed in Slovenia under the applicable Privacy Shield Framework.

5.8.           Retention of Data

We retain Personal Data where we have an ongoing legitimate business or legal need to do so. Our retention periods will vary depending on the type of data involved, but, generally, we'll refer to these criteria in order to determine retention period:

-        Whether we have a legal or contractual need to retain the data.

-        Whether the data is necessary to provide our Service.

-        Whether our Customers have the ability to access and delete the data.

-        Whether our Customers would reasonably expect that we would retain the data until they remove it.

When we have no ongoing legitimate business need to process your Personal Data, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Data has been stored in backup archives), then we will securely store your Personal Data and isolate it from any further processing until deletion is possible.

Note that If VIVIOT merges with, or is acquired by, any other business, you acknowledge that your Personal Data may fall under the control of another person.

 

5.9.           Third party data processing

We may, for the purpose of providing the Services pass and retrieve data, including Personal Data, between the different software systems and third parties.

 

Where we make use of third party service providers to help us provide the Services to you, including for the purposes of retrieving or delivering information, records, notifications or other messages to you or any User’s or for hosting or providing any component of our Services, we require such third parties to maintain the confidentiality of any Personal Data we provide to them for these purposes.

 

Such third parties may be situated outside of your country and you consent to your Personal Data and that of any data subjects you provide to us being transferred cross-border so that we can provide the Services to you. In this regard, we engage only with reputed third party service providers who have security and privacy policies and procedures providing at least the same level of protection as we do ourselves. You warrant that you have all necessary permissions to give us the above consent.

 

We may share data, including Personal Data, collected from Users of our Services with third-party service providers or consultants who require access to that data to perform their work on our behalf for the purpose of helping us deliver our Services. These third party service providers or consultants are limited to only accessing or using this data to provide the services to us and must provide reasonable assurances that they will appropriately safeguard the data. We may also share non-personal or non-identifiable information, including website visitor information and account usage data with third party analytics service providers.

 

We may share and disclose your Personal Data to the following types of third parties for the purposes described in this privacy policy.

 

(i)         Our service providers: Sometimes, we share your information with our third-party service providers working on our behalf for the purposes described in this privacy policy. For example, companies we’ve hired to help us provide and support our Service or assist in protecting and securing our systems and services and other business-related functions.

Other examples include analyzing data, hosting data, engaging technical support for our Service, processing payments, and delivering content.

 

(ii)        Advertising partners: We may partner with third-party advertising networks, exchanges, and social media platforms to display advertising and we may share Personal Data of Users and Customers with them for this purpose. We and our third-party partners may use cookies and other similar tracking technologies, such as pixels and web beacons, to gather information about your activities in order to provide you with targeted advertising based on your browsing activities and interests. Any such sharing will be done solely based on your explicit consent.

 

(iii)       Any competent law enforcement body, regulatory body, government agency, court or other third party where we believe disclosure is necessary (a) as a matter of applicable law or regulation, (b) to exercise, establish, or defend our legal rights, or (c) to protect your vital interests or those of any other person.

 

(iv)       A potential buyer (and its agents and advisors) in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition. In that event, any acquirer will be subject to our obligations under this privacy policy, including your rights to access and choice. We will notify you of the change either by sending you an email or posting a notice on our Website.

5.10.           Communications with You

We may communicate with you by email and other messaging applications. You may opt out from promotional communications from us that are not strictly related to the provision of the Services to you.

5.11.           Personal Data of Minors

We do not intentionally collect personal identifiable information from anyone who is a minor. If it is discovered that we have unintentionally collected personally identifiable information from a minor other than for a legitimate purpose associated with the Services, we will delete that information immediately.

5.12.           Changes to this Policy

We may change this privacy policy at any time and from time to time. The most recent version of the privacy policy is reflected by the version date located at the top of this privacy policy. All updates and amendments are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of this privacy policy or other notice on the Website. We encourage you to review this privacy policy often to stay informed of changes that may affect you. Our electronically or otherwise properly stored copies of this privacy policy are each deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this privacy policy that was in effect on each respective date you visited the Website.

5.13.           Questions and Comments

If you have questions, comments, concerns or feedback regarding this Privacy Policy, please send an e-mail to info@viviot.net or by letter addressed to: Industrijska cesta 1, 1000 Ljubljana, Slovenia.