PRIVACY NOTICE
Last updated February 14, 2023
This privacy notice for Vibrance ("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:!
•
Download and use our mobile application (Vibrance), or any other application 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 carewithvibrance@icloud.com!
SUMMARY OF KEY POINTS
This summary provides key points from our privacy notice, but you can find out more
details about any of these topics by clicking the link following each key point or by
using our table of contents below to find the section you are looking for.!
What personal information do we process? When you visit, use, or navigate our
Services, we may process personal information depending on how you interact with
Vibrance and the Services, the choices you make, and the products and features
you use.!
Do we process any sensitive personal information? We do not process sensitive
personal information.!
Do you receive any information from third parties? We do not receive any
information from third parties.!
How do you process my information? 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 information only when we have a valid
legal reason to do so.!
In what situations and with which parties do we share personal information?
We may share information in specific situations and with specific third parties.!
How do we keep your information safe? We have organizational and technical
processes and procedures in place to protect your personal information. However, no
electronic transmission over the internet or information storage technology can be
guaranteed to be 100% secure, so we cannot promise or guarantee that hackers,
cybercriminals, or other unauthorized third parties will not be able to defeat our security
and improperly collect, access, steal, or modify your information.!
What are your rights? Depending on where you are located geographically, the
applicable privacy law may mean you have certain rights regarding your personal
information.!
How do I exercise my rights? The easiest way to exercise your rights is by
contacting us. We will consider and act upon any request in accordance with
applicable data protection laws.!
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. HOW DO WE KEEP YOUR INFORMATION SAFE?!
8. WHAT ARE YOUR PRIVACY RIGHTS?!
9. CONTROLS FOR DO-NOT-TRACK FEATURES!
10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?!
11. DO WE MAKE UPDATES TO THIS NOTICE?!
12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?!
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. When necessary, with your consent or as otherwise permitted
by applicable law, we process the following categories of sensitive information:!
- health data!
Application Data. If you use our application(s), we also may collect the following!
information if you choose to provide us with access or permission:!
•
Mobile Device Data. We automatically collect device information (such as your
mobile device ID, model, and manufacturer), operating system, version information
and system configuration information, device and application identification numbers,
browser type and version, hardware model Internet service provider and/or mobile
carrier, and Internet Protocol (IP) address (or proxy server). If you are using our
application(s), we may also collect information about the phone network associated
with your mobile device, your mobile device’s operating system or platform, the type
of mobile device you use, your mobile device’s unique device ID, and information
about the features of our application(s) you accessed.!
This information is primarily needed to maintain the security and operation of our
application(s), for troubleshooting, and for our internal analytics and reporting
purposes.!
Mobile Device Access. We may request access or permission to certain features
from your mobile device, including your mobile device's calendar, camera,
contacts, microphone, reminders, storage, and other features. If you wish to
change our access or permissions, you may do so in your device's settings.!
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.!
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.!
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.!
Like many businesses, we also collect information through cookies and similar
technologies.!
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:!
We process your personal information for a variety of reasons, depending on how
you interact with our Services, including:!
To deliver and facilitate delivery of services to the user. We may process your
information to provide you with the requested service.!
To respond to user inquiries/offer support to users. We may process your information
to respond to your inquiries and solve any potential issues you might have with the
requested service.!
To save or protect an individual's vital interest. We may process your information
when necessary to save or protect an individual’s vital interest, such as to prevent
harm.!
3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS
YOUR INFORMATION?!
In Short: We only process your personal information when we believe it is necessary
and we have a valid legal reason (i.e., legal basis) to do so under applicable law, like
with your consent, to comply with laws, to provide you with services to enter into or
fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate
business interests.!
If you are located in the EU or UK, this section applies to you.!
The General Data Protection Regulation (GDPR) and UK GDPR require us to explain
the valid legal bases we rely on in order to process your personal information. As
such, we may rely on the following legal bases to process your personal information:!
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. Learn more about withdrawing your consent.!
Performance of a Contract. We may process your personal information when we
believe it is necessary to fulfill our contractual obligations to you, including providing
our Services or at your request prior to entering into a contract with you.!
Legal Obligations. We may process your information where we believe it is necessary
for compliance with our legal obligations, such as to cooperate with a law
enforcement body or regulatory agency, exercise or defend our legal rights, or
disclose your information as evidence in litigation in which we are involved.!
Vital Interests. We may process your information where we believe it is necessary to
protect your vital interests or the vital interests of a third party, such as situations
involving potential threats to the safety of any person.!
If you are located in Canada, this section applies to you.
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.!
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 and fraud detection and prevention!
For business transactions provided certain conditions are met!
•
If it is contained in a witness statement and the collection is necessary to assess,
process, or settle 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 victim
of financial abuse!
•
If it is reasonable to expect collection and use with consent would compromise the
availability or the accuracy of the information and the collection is reasonable for
purposes related to investigating a breach of an agreement or a contravention of the
laws of Canada or a province!
•
If disclosure is required to comply with a subpoena, warrant, court order, or rules of
the court relating to the production of records!
•
If it was produced by an individual in the course of their employment, business, or
profession and the collection is consistent with the purposes for which the
information was produced!
•
If the collection is solely for journalistic, artistic, or literary purposes!
•
If the information is publicly available and is specified by the 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.!
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
access or store information. Specific information about how we use such technologies
and how you can refuse certain cookies is set out in our Cookie Notice.!
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 keep your personal information for as long as it is necessary for the
purposes set out in this privacy notice, unless a longer retention period is required or
permitted by law (such as tax, accounting, or other legal requirements). No purpose
in this notice will require us keeping your personal information for longer than 90
days.!
When we have no ongoing legitimate business need to process your personal
information, we will either delete or anonymize such information, or, if this is not!
possible (for example, because your personal information has been stored in backup
archives), then we will securely store your personal information and isolate it from
any further processing until deletion is possible.!
7. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of
organizational and technical security measures.!
We have implemented appropriate and reasonable technical and organizational
security measures designed to protect the security of any personal information we
process. However, despite our safeguards and efforts to secure your information, no
electronic transmission over the Internet or information storage technology can be
guaranteed to be 100% secure, so we cannot promise or guarantee that hackers,
cybercriminals, or other unauthorized third parties will not be able to defeat our
security and improperly collect, access, steal, or modify your information. Although
we will do our best to protect your personal information, transmission of personal
information to and from our Services is at your own risk. You should only access the
Services within a secure environment.!
8. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: In some regions, such as 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.!
In some regions (like Canada), you have certain rights under applicable data protection
laws. These may include the right (i) to request access and obtain a copy of your
personal information, (ii) to request rectification or erasure; (iii) to restrict the
processing of your personal information; and (iv) if applicable, to data portability. In
certain circumstances, you may also have the right to object to the processing of
your personal information. You can make such a request by contacting us by using the
contact 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.!
If you are located in the EEA or UK and you believe we are unlawfully processing your
personal information, you also have the right to complain to your local data protection
supervisory authority. You can find their contact details here: https://ec.europa.eu/
justice/data-protection/bodies/authorities/index_en.htm.!
If you are located in Switzerland, the contact details for the data protection
authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.!
Withdrawing your consent: If we are relying on your consent to process your personal
information, which may be express and/or implied consent depending on the
applicable law, you have the right to withdraw your consent at any time. You can
withdraw your consent at any time by contacting us by using the contact details
provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.
However, please note that this will not affect the lawfulness of the processing before its
withdrawal, nor when applicable law allows, will it affect the processing of your
personal information conducted in reliance on lawful processing grounds other than
consent.!
If you have questions or comments about your privacy rights, you may email us at
carewithvibrance@icloud.com!
9. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications
include a Do-Not-Track ("DNT") feature or setting you can activate to signal your
privacy preference not to have data about your online browsing activities monitored
and collected. At this stage no uniform technology standard for recognizing and
implementing DNT signals has been finalized. As such, we do not currently respond
to DNT browser signals or any other mechanism that automatically communicates
your choice not to be tracked online. If a standard for online tracking is adopted that
we must follow in the future, we will inform you about that practice in a revised
version of this privacy notice.!
10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights
regarding access to your personal information.!
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 using the
contact information provided below.!
If you are under 18 years of age, reside in California, and have a registered account
with Services, you have the right to request removal of unwanted data that you
publicly post on the Services. To request removal of such data, please contact us
using the contact information provided below and include the email address
associated with your account and a statement that you reside in California. We will
make sure the data is not publicly displayed on the Services, but please be aware
that the data may not be completely or comprehensively removed from all our
systems (e.g., backups, etc.).!
CCPA Privacy Notice
The California Code of Regulations defines a "resident" as:!
(1) every individual who is in the State of California for other than a temporary or
transitory purpose and!
(2) every individual who is domiciled in the State of California who is outside the State
of California for a temporary or transitory purpose!
All other individuals are defined as "non-residents."!
If this definition of "resident" applies to you, we must adhere to certain rights and
obligations regarding your personal information.!
What categories of personal information do we collect?!
We have collected the following categories of personal information in the past twelve!
(12) months:!
Category
Examples
Collected
A. Identifiers
Contact details, such as
real name, alias, postal
address, telephone or
mobile contact number,
unique pe rsonal
identifier, online
identifier, Internet
Protocol address, email
address, and account
name
NO
B. Personal information
categories listed in the
California Customer
Records statute
Name, contact information,
education, employment,
employment history, and
financial information
NO
C. Protected classification
characteristics under
California or federal law
Gender and date of birth
NO
D. Commercial information
Transaction information,
purchase history, financial
details, and payment
information
NO
E. Biometric information
Fingerprints and
voiceprints
NO
!
Depending on the circumstances, you have a right to know:!
•
whether we collect and use your personal information;!
•
the categories of personal information that we collect;!
the purposes for which the collected personal information is used;!
•
whether we sell your personal information to third parties;!
•
the categories of personal information that we sold or disclosed for a business
purpose;!
•
the categories of third parties to whom the personal information was sold or
disclosed for a business purpose; and!
•
the business or commercial purpose for collecting or selling personal information.!
F. Internet or other similar
network activity
Browsing history, search
history, online behavior,
interest data, and
interactions with our and
other websites,
applications, systems,
and advertisements
NO
G. Geolocation data
Device location
NO
H. Audio, electronic,
visual, thermal, olfactory,
or similar information
Images and audio, video
or call recordings created
in connection with our
business activities
YES
I. Professional or
employment-
related information
Business contact details
in order to provide you
our services at a business
level or job title, work
history, and professional
qualifications if you apply
for a job with us
NO
J. Education Information
Student records and
directory information
NO
K. Inferences drawn from
other personal information
Inferences drawn from
any of the collected
personal information
listed above to create a
profile or summary about,
for example, an
individual’s preferences
and characteristics
YES
In accordance with applicable law, we are not obligated to provide or delete consumer
information that is de-identified in response to a consumer request or to re- identify
individual data to verify a consumer request.!
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
We will not discriminate against you if you exercise your privacy rights. Verification
process!
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. These
verification efforts require us to ask you to provide information so that we can match it
with information you have previously provided us. For instance, depending on the
type of request you submit, we may ask you to provide certain information so that we
can match the information you provide with the information we already have on file, or
we may contact you through a communication method (e.g., phone or email) that you
have previously provided to us. We may also use other verification methods as the
circumstances dictate.!
We will only use personal information provided in your request to verify your identity
or authority to make the request. To the extent possible, we will avoid requesting
additional information from you for the purposes of verification. 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. We will delete such
additionally provided information as soon as we finish verifying you.!
Other privacy rights
•
You may object to the processing of your personal information.!
•
You may request correction of your personal data if it is incorrect or no longer
relevant, or ask to restrict the processing of the information.!
•
You can designate an authorized agent to make a request under the CCPA on your
behalf. We may deny a request from an authorized agent that does not submit proof
that they have been validly authorized to act on your behalf in accordance with the
CCPA.!
•
You may request to opt out from future selling of your personal information to third
parties. Upon receiving an opt-out request, we will act upon the request as soon as
feasibly possible, but no later than fifteen (15) days from the date of the request
submission.!
To exercise these rights, you can contact us by email at kgeok@me.com, or by referring
to the contact details at the bottom of this document. If you have a complaint about
how we handle your data, we would like to hear from you.!
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 and the updated version will be effective as
soon as it is accessible. 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
carewithvibrance@icloud.com
