VIVO ALERT PRIVACY POLICY

  1. Introduction

Welcome to the VivoAlert.com website (“Site”) and, if applicable, choosing to use our service (“Service”) At VivoAlert (“VivoAlert”), we try to make our Privacy Policy easy to understand so that you are informed as to how we use your information.  This Privacy Policy, like our Terms of Service, is an integral part of using our Service; therefore you must completely agree to our Privacy Policy in order to use our Site or Service.  You must be over the age of 18 to use our Site or Service.

  1. Information Collected

Personally Identifiable Information Submitted by You

You will not be required to provide us any information when you visit our Site.  However, in order to access portions of our Site or to use our Service, you may be required to provide your name, email, address, telephone number and date of birth. We may also collect personal health information from you regarding your medical and physical condition. Please be aware that we may also collect your credit card information for payment.  The credit card information collected will be processed and stored by our third party payment processors.

Personally Identifiable Information Submitted by Third Parties

If you wish to sign up another individual for VivoAlert, please receive their express permission before doing so.  Please be aware that VivoAlert will contact these individuals to ensure that they consent to use the Services provided by us.  When submitting information of another individual, you will be required to provide their name, email, address, telephone number and date of birth.  Additionally, payment information may be required and disclosed as stated above.

Non-Identifying Information

Whenever you use our Site or Service, we may collect non-identifying information from you, such as your IP address, interactions with the Site and Service, query information, location, referring URL, browser, operating system, cookie information, usage, data transferred, and Internet Service Provider.  Additionally, we may collect information regarding your usage and interaction with our Site. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party such as your wireless provider, this information alone cannot usually be used to identify you.

  1. Privacy Statement for Electronic Personal Health Information

VivoAlert is committed to protecting the privacy and security of all personal information that we process. This notice explains our practices with regard to the protected health information we receive. We will collect and process protected health information only as required or permitted by applicable laws, including the Health Insurance Portability and Accountability Act (HIPAA). VivoAlert will at all times maintain reasonable and appropriate security controls to protect the information as required. If you have questions about privacy or security, please contact us at support@VivoAlert.com.

  1. Push Notifications

Through the functionality of our Service, you may be able to receive push or text notifications through the phone numbers that you have provided.  You agree to receive such notifications as a condition to using our Service.  Additionally, you expressly agree that we may text any phone numbers that you provide to us when you sign up for the Service.  Standard data and messaging rates may apply.

 

  1. Use of Your Information

We will never sell or transfer any personally identifiable information to third parties without your consent. However, you agree that we may use your information:

  • To enhance or improve our users’ experiences.
  • To provide our Service to you.
  • To understand how you use our Site.
  • To contact you and to respond to inquiries.
  • To contact other individuals whom you have signed up to use the Service.

Additionally, we may give your information to law enforcement if we are compelled to by a court order, if there has been a violation of any US or state laws or if a violation of the Terms of Service or Privacy Policy has occurred.

  1. Sharing of Your Information To Third Party Emergency Responders

The VivoAlert Service is intended to assist users in an emergency situation where they are incapacitated or unresponsive.  At any time, if the number on a VivoAlert Wearable ID is texted, the Service will share the voluntarily submitted personal and health information of the user to the party texting the Wearable ID number and also to parties listed as contacts in the VivoAlert database.

  1. Contacting You or Loved One by Phone

If you decide to submit your information to us to use our Service, we may contact you by phone.  If you submit information for a loved one, family member, or other third party you give us permission to contact them by phone to ensure that they wish to use the VivoAlert Service.

  1. Accessing, Editing, and Removing Your Information

If you have any questions or wish to review, change, or access any of your information collected by us contact us at info@VivoAlert.com.  Once you submit any information to us, you will be unable to opt out of our data collection practices.  If you have any questions or wish for your information to be removed please contact us. Please be aware that removal of your information may cause your account to become inaccessible.  Also you agree that we may keep inaccessible copies of your information in our internal systems after removal for legal and internal purposes for a commercially reasonable period of time.

  1. Cookies and Do Not Track Listings

Cookies are little bits of code that help identify you when you visit our Site.  We currently use cookies to understand your interactions with the Site, to remember you and your shopping cart and to understand the advertisements you have viewed on our Site or Service.  We currently do not subscribe or use any do not track listings.

  1. Third Party Access to Your Information

Although you are entering into an Agreement with VivoAlert to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others such as Google Analytics.

Throughout the course of our provision of our Services to you, we may delegate our authority to collect, access, use, and disseminate your information.  It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy.  For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems.  You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

Without limiting the generality of the foregoing, you authorize us to use third party services for the purposes of information collection, providing Service to you, and for use in business and data analytics.

 

  1. Law Enforcement

You agree that we may disclose your information to authorities if compelled to by a court order.  Additionally, you agree that we may disclose your information if we reasonably believe that you have violated US law or the terms of our Terms of Service or Privacy Policy or if we believe that a third party is at risk of bodily harm.   In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either.  We may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, such as instances where we believe your publications violate any law of the United States or any other country having jurisdiction over us, our Site, Services, or our Terms of Service.  You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.  We may release your information under the conditions listed in this paragraph whether it is to individuals or entities and to any state or national authorities, as required.

  1. Commercial and Non-Commercial Communications

If you decide to provide us with your contact information, please be aware that we may email you or otherwise contact you by phone.  If you wish, you may unsubscribe from certain communications by notifying VivoAlert that you no longer wish to receive these communications.  Once notified, we will endeavour to remove you from our database.  If you wish to opt out of certain communications, please contact us at info@VivoAlert.com.

  1. Third Parties

VivoAlert may post links to third party websites on our Site or Service, which may include information that we have no control over.  When accessing a third party site through our Site or Service, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites.

Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties.  VivoAlert bears no responsibility for the information collected or used by any advertiser or third party website. You must review their Terms of Service and Privacy to understand how their information collection practices work.

  1. Security Measures

We take reasonable attempts to protect your information by using SSL certificates.  However, as this is the Internet, we can make no guarantees as to the security or privacy of your information through our Site.  For this reason, we recommend that you use anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.

  1. Age Compliance

We intend to fully comply with US laws respecting children’s privacy.  Therefore, we do not collect or process any information for any persons under the age of 18.  If you are under 18 and using our Site or Service, please stop immediately and do not submit any information to us.

  1. International Transfer

Your information may be transferred to – and maintained on – computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.  We may transfer personal information to the US or elsewhere and process it there.  Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

  1. Your California Privacy Rights

VivoAlert permits residents of the State of California to use its Service, and complies with the California Business and Professions Code §§ 22575-22579.  If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes.  Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. Although we do not disseminate your information to third parties without permission, you must presume that we collect electronic information from all visitors. You may contact us with any questions.

  1. Amendments

Like our Terms of Service, we may amend this Privacy Policy from time to time.  When we amend this Privacy Policy, we will place a note on our Site or we may contact you.  You must agree to the amendments as a condition of your continued use of our Site and Service.  If you do not agree, you must immediately cease using our Site and Service and notify us of your refusal to agree by e-mailing us at the address listed on our website.

Last Modified: September 12,