Privacy Policy

Last Updated: May 24, 2018

This privacy policy (“Policy”) describes how VividCortex, Inc. and its related companies (collectively, “VividCortex”) collects, uses and shares personal information of consumer users of this website, https://vividcortex.com (the “Site”) or any VividCortex services available on or through the Site (the “Services”). VividCortex is the sole owner of the information collected on this Site or through your use of the Services. We will not sell, share, or rent this information to others in ways different from what is disclosed in this Policy.

Information Collection and Use

We may collect information from your use of the Site or the Services. This could include information about the Services that you use and how you use it.  Also, through the use of cookie technology or otherwise, we may track and collect information about your computer and software when you visit this Site or use the Services. This information is automatically collected, and includes, but is not limited to: (i) your Internet Protocol (“IP”) address; (ii) domain server; (iii) type of computer; (iv) your operating system; (v) type of web browser and browser language; (vi) access times; (vii) pages viewed and how long you spend on a page; (viii) referring websites addresses; and (ix) other information about your use of and actions on our Site (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you. Traffic Data assists us to design and arrange our web pages in the most user-friendly manner and to continually improve our Site and Services to better meet the needs of users.

If you contact us, we may keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our Services, such as letting you know about upcoming changes or improvements.

We aim to maintain any Services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our Site or Services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.

Personal Information

In order for you to access certain portions of our Site or Services, we may require you to provide us with information that personally identifies you, such as your name, mailing address, email address and home and/or business telephone numbers (“Personal Information”). If you communicate with us by email or otherwise complete online forms or the like, any information provided in such communication may be collected as Personal Information. You may choose not to provide us with any Personal Information. In such an event, you can still access and use much of the Site. You, however, will not be able to access or use those portions of the Site or Services that require your Personal Information.

VividCortex processes data submitted by customers for the purpose of providing VividCortex’ online services to our customers. To fulfill these purposes, VividCortex may access the data to provide the services, to correct and address technical or service problems, or to follow instructions of the VividCortex customer who submitted the data, or in response to contractual requirements.  VividCortex is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequent transfers to a third party acting as an agent on its behalf.

If you use a blog, bulletin board or chat room on this Site, you should be aware that any Personal Information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the Personal Information you choose to submit in these forums.

We use industry standard measures, including administrative, technical, and physical safeguards, to help protect Personal Information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. However, no data transmission over the Internet can be guaranteed to be entirely secure. As a result, while we always use all reasonable efforts to protect the Personal Information you provide to us, we cannot guarantee the security of your information and the submission of data is thus at your own risk.

Data Integrity and Security

VividCortex uses extensive security measures to protect against the loss, misuse and/or alteration of data located on our systems. We implement appropriate measures and processes, such as using encryption when transmitting certain sensitive information, to help us to keep your information secure and to maintain its quality. We regularly review our security and related policies to adapt the technology as new threats evolve, and monitor our systems to help ensure the highest level of availability. If you have any questions about the security at our Site, you can send an email to privacy@vividcortex.com.

Cookies and Web Beacons

In order to improve the Site and Services, we sometimes use technology referred to as “cookies” We may employ cookie technology to store and sometimes track information about the users of the Site and/or Services. Cookies are a feature of web browser software that allows web servers to recognize the computer used to access a website. Cookies are small pieces of data that are stored by a user’s web browser on the user’s hard drive. Cookies can remember what information the user accesses on one web page to simplify subsequent interactions with that website by the same user or to use the information to streamline the user’s transactions on related web pages. Most web browsers automatically accept cookies, but you can change your browser to prevent the browser from accepting cookies.  We may also use IP addresses to analyze trends, administer the Site, track users’ movements, and gather broad demographic information for aggregate use.

We may use web beacons (small pieces of data that are embedded in images on the pages of websites) and auditing software to track page views and entry and exit points to and from the Site. In addition, we may use web beacons, cookies, customized links and/or similar technologies to determine whether electronic newsletters sent by us to those who have requested them from us have been opened and which links are clicked. Any data collected will only be used in an aggregate form and will not contain any personal information, as that term is defined below

A user who does not accept cookies from our Site may not be able to access certain areas of the Site.

Surveys and Responsive Requests

From time to time, our Site may request information from users via surveys or similar responsive requests. Participation in these surveys or responsive requests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name, email and shipping address), and demographic information (such as zip code, age level). If you give us personal information about somebody else, such as a spouse or work colleague, we will assume that you have their permission to do so. Survey information may be used to monitor or improve the use and satisfaction of the Site and/or Services.

Sharing and Use of Personal Information

We will never intentionally share, sell, or rent your Personal Information with anyone without your advance permission or unless ordered by a court of law, in order to:

  • meet any applicable law, regulation, legal process or enforceable governmental request.
  • enforce applicable terms of service, including investigation of potential violations.
  • detect, prevent, or otherwise address fraud, security or technical issues.
  • protect against harm to the rights, property or safety of VividCortex, our users or the public as required or permitted by law.
  • protect the rights and property of VividCortex.

We may also share Personal Information in the event of an emergency, for the protection and safety of our employees and agents, our customers, or any other person.

If we are involved in a merger, acquisition or asset sale, such information may be shared with the acquiring entity or successor-in-interest, but we will continue to ensure the confidentiality of any Personal Information pursuant to the terms of this Policy.

Otherwise, Personal Information submitted to us is only available to our employees and contractors managing this information for the purposes:

  • to operate, maintain, and improve our websites, products, and services, and provide offerings to you in connection with any of the foregoing;
  • to process and deliver contest entries and rewards;
  • to respond to comments and questions and provide customer service;
  • to communicate with you regarding a variety of matters, including, without limitation, invoices, technical notices, updates, security alerts, and support and administrative messages.

You can at any time request that no further contact be made, by emailing us at privacy@vividcortex.com.

We also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

Transfer

VividCortex may receive and transfer information all over the world. Consequently, your Personal Information may be used, stored and processed outside of the country where you entered that information.

Wherever we transfer your Personal Information, regardless of where this occurs, we have taken steps to ensure that your information is treated securely and in accordance with this Policy. Please note that your submission of information or use of this Site and/or our Services will be deemed by us to signify explicit consent on your part to the transfer of Personal Information to any part of the world not otherwise prohibited by law.

Links to Other Websites

This Site may contain links to other sites that are not operated by VividCortex. Please be aware that we are not responsible for the privacy practices or content of such other sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of each and every website that collects personally identifiable information. We do not make any warranty or representation regarding, nor do we endorse, any linked third-party websites or the information appearing thereon or any of the products or services described thereon. If you decide to access linked third-party websites, you do so at your own risk.  This Policy applies solely to information collected by our Site and Services.

Children’s Privacy

The Children’s Online Privacy Protection Act restricts the collection and use of Personal Information pertaining to children under the age of 13.  We do not allow such children to register as users and will not knowingly collect or solicit Personal Information from anyone under the age of 13.  No one under the age of 13 should provide any Personal Information on or through this Site or otherwise.  In the event we learn that we have collected Personal Information from a child under age 13, we will terminate the any account and communications, and delete such information.  If you believe that we might have any information from or about a child under 13, please contact us at privacy@vividcortex.com.  Minors aged 13 and over should not use this site or post any information or other content without adult supervision.

California Notices

Users who reside in California and have provided Personal Information to VividCortex have the right to receive: (a) information identifying any third party to whom we may have disclosed, within the past year, Personal Information pertaining to you and your family for that party’s direct marketing purposes; and (b) a description of the categories of Personal Information disclosed. To obtain such information, please email your request to privacy@vividcortex.com. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this paragraph.

Newsletters and Email Privacy

Why did you receive an email from us?

If you received a mailing from us, (a) your email address is either listed with us as someone who has expressly shared this address for the purpose of receiving information in the future ("opt-in"), or (b) you have registered or purchased or otherwise have an existing relationship with us.

How can you stop receiving email from us?

Each email sent contains an easy way for you to cease receiving email from us. If you wish to do this, simply follow the instructions at the end of any email. If you have received unwanted, unsolicited email sent via this system or purporting to be sent via this system, please forward a copy of that email with your comments to privacy@vividcortex.com.

Choice and Access

We will provide an individual opt-out or opt-in choice before we share their data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized.

To limit the use and disclosure of your personal information, please submit a written request to privacy@vividcortex.com

VividCortex acknowledges that EU and Swiss individuals have the right to access the personal information that we maintain about them. An EU or Swiss individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct their query to privacy@vividcortex.com. If requested to remove data, we will respond within a reasonable timeframe.

Acceptance of Privacy Policy

By using the Site or Services, you consent to the collection, use and storage of your information by us in the manner described in this Policy. We reserve the right to make changes to this Policy at any time. If we decide to change our Policy, we will post those changes on our Site so our users are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

If you do not agree with this Policy, please do not use our Site or Services. Your continued use of this Site and any Services following posting of changes to these terms will mean you accept those changes.

Privacy Shield

VividCortex complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland transferred to the United States pursuant to Privacy Shield.  VividCortex has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

VividCortex is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

Dispute Resolution and Enforcement

In compliance with the Privacy Shield Principles, VividCortex commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact VividCortex at the contact details below:

VividCortex has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers  for more information and to file a complaint. This service is provided free of charge to you.

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms.  See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction

VividCortex, Inc. commits to cooperate with the panel established by the EU data protection authorities (DPAs) (and the Swiss Federal Data Protection and Information Commissions, as applicable), and comply with the advice given by the panel and/or commissioner, as applicable, with regard to Human Resources data transferred from the EU and/or Switzerland, as applicable, in the context of the employment relationship.

Contact Information

We welcome your comments or questions about this Policy. You may contact us at privacy@vividcortex.com, or at our address of 300 Preston Ave, Charlottesville, VA 22902.

This Privacy Policy was last Updated on May 24th, 2018.