VIVE FZE PRIVACY STATEMENT

 

Your privacy is important to VIVE FZE. Therefore, VIVE FZE is committed to respecting your privacy and the confidentiality of your personal data, traffic data and communications content.


VIVE FZE incorporated under the laws of Canada, having their registered office at 327 Renfrew Drive, Markham, ON, Canada is collecting and processing your personal information under this Privacy Statement.


This Privacy Statement is designed to assist you in understanding how VIVE FZE uses and safeguards the information you provide in using VIVE FZE's peer-to-peer VoIP software, VIVE FZE's websites and/or VIVE FZE's products.


CONTENTS

  1. What is VIVE FZE and what products does it offer?
  2. What information does VIVE FZE collect?
  3. How does VIVE FZE use this information and for what purpose?
  4. To whom does VIVE FZE transfer your personal information?
  5. What are cookies and how does VIVE FZE use them?
  6. Linked websites and third party applications
  7. How does VIVE FZE protect your personal information?
  8. Phone Book Data
  9. Contacting You
  10. Can this Privacy Statement be modified?
  11. What rights do you have and how can you contact VIVE FZE?
  12. How long is your personal data kept by VIVE FZE?

 

1. WHAT IS VIVE FZE AND WHAT PRODUCTS DOES IT OFFER?
Through its websites, VIVE FZE offers the VIVE FZE communication products.

 

2. WHAT INFORMATION DOES VIVE FZE COLLECT?
VIVE FZE may gather and process information about you, including (but not limited to) information in the following categories:
(a) Identification data (e.g. name, address, telephone, email address);
(b) Profile information (e.g. age, sex, country of residence and any information that you choose to make available to others as part of your VIVE FZE user profile);
(c) Electronic identification data (e.g. IP addresses, cookies);
(d) Banking and payment information (credit card information, account number);
(e) Products or services ordered and delivered;
(f) VIVE FZE test calls made to ECHO123 (which are recorded and played back to the user and deleted thereafter);
(g) List of your contacts;
(h) Your user profile;
(i) Your username and password for other email accounts where you have provided this to us and requested us to search for your friends on VIVE FZE (Please note that VIVE FZE does not retain this information or use it for any other purpose);
(j) Correspondence between you and VIVE FZE;
(k) Traffic data (data processed for the purpose of the conveyance of communications or the billing thereof, including, but not limited to, the duration of the call, the number calling and the number called);

 

3. HOW DOES VIVE FZE USE THIS INFORMATION AND FOR WHAT PURPOSE?
Our primary purpose in collecting information is to provide you with a safe, smooth, efficient, and customized experience. VIVE FZE collects and processes, or has third party service providers acting on VIVE FZE’s behalf collecting and processing, personal data relating to you, as permitted or necessary to:

 

  • provide communication products, in particular to convey the communications you make by means of the VIVE FZE applications and/or the VIVE FZE products
  • take, process or deliver orders made via our websites, invoice you or notify you of the status of your order
  • provide other services for you (as described when we collect the information)
  • register products that you have purchased with the manufacturer or service provider for warranty or technical support
  • provide you with customer support and troubleshoot problems
  • compare information for accuracy
  • inform you about service updates and faults
  • request feedback or participation in on-line surveys
  • resolve disputes
  • verify your identity
  • customize, measure, and improve VIVE FZE applications, our products and websites content and layout
  • provide and invoice certain joint services with our sister companies QiiQ Communications, and Ecocarrier Inc. and any of its affiliates or subsidiaries, such as registration, transactions and customer support
  • organise and carry out VIVE FZE’s marketing or promotional operations/offers, contests, games and similar events
  • protect your, VIVE FZE interests, including in particular to enforce our Terms of Service and fight against fraud, (together, the Purposes).


4. TO WHOM DOES VIVE FZE TRANSFER YOUR PERSONAL INFORMATION?
Except as provided below, VIVE FZE shall not sell, rent, trade or otherwise transfer any personal and/or traffic data or communications content to any third party without your explicit permission, unless it is obliged to do so under applicable laws or by order of the competent authorities.


VIVE FZE may disclose personal information to respond to legal requirements, to protect VIVE FZE interests, to enforce our policies or to protect anyone's rights, property, or safety.


VIVE FZE may share your information with QiiQ Communications, and Ecocarrier Inc. for certain purposes, and in particular insofar as necessary to (1) provide and invoice certain joint services (such as registration, transactions and customer support); (2) organise marketing or promotional operations, contests, games and similar events; and (3) fight against fraud.


In order to provide you with VIVE FZE products you have requested, VIVE FZE may sometimes, if necessary, share your personal and traffic data with carriers, partner service providers and/or agents, for example the PSTN-VoIP gateway provider, Wi-Fi access services providers, distributors of VIVE FZE software and/or VIVE FZE products, and/or the third party banking organizations or other providers of payment, email delivery, analytical services, customer support, or hosting services. VIVE FZE will always require these third parties to take appropriate organizational and technical measures to protect your personal data and traffic data and to observe the relevant legislation.


Some VIVE FZE products may be co-branded and offered together with or via a partner company. If you register for or use such products, you consent to both VIVE FZE and the partner company’s use of personal data collected in connection with the co-branded product.


VIVE FZE, VIVE FZE's local partner, or the operator or company facilitating your communication may provide personal data, communications content and/or traffic data to an appropriate authority lawfully requesting such information. VIVE FZE will provide all reasonable assistance and information to fulfil this request and you hereby consent to such disclosure.


Your information may be stored and processed in any country in which VIVE FZE maintains facilities, including outside of Canada. In this regard, or for purposes of sharing or disclosing data in accordance with this article 4, VIVE FZE reserves the right to transfer information outside of your country. By using VIVE FZE applications, VIVE FZE's websites or VIVE FZE products you consent to any such transfer of information outside of your country. As VIVE FZE continues to develop its business, VIVE FZE might sell or buy subsidiaries or business units. In such transactions as well as in the event VIVE FZE or substantially all of its assets are acquired by a third party, personal information of VIVE FZE users will generally be one of the transferred business assets. We reserve the right to include your personal information, collected as an asset, in any such transfer to a third party.


5. WHAT ARE COOKIES AND GIFS HOW DOES VIVE FZE USE THEM?
Cookies are pieces of information that the VIVE FZE may store on your computer's hard drive in order to help web applications to recognize you or your or preferences. VIVE FZE also uses cookies embedded in the browser of the VIVE FZE website. VIVE FZE's cookies may contain identifying information. Cookies enable VIVE FZE to gain information about the use of its websites. This information may be analyzed by third parties on our behalf.


The Help option on the toolbar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. VIVE FZE website browser cookies can be disabled by: accessing the File menu from your VIVE FZE software client toolbar, choosing the Privacy option and unchecking the ‘Allow VIVE FZE Browser Cookies’ box.


Please bear in mind that some personalized services may not be available if you choose to disable cookies.


Clear Gifs
VIVE FZE web pages may include clear gifs. Clear gifs (also known as web-beacons) are tiny graphics with a unique identifier, which are used to count your visits to the page (but which do not retain any personally identifiable information). In addition, VIVE FZE uses clear gifs in our HTML-based emails to let us know which emails have been opened and acted upon. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.


Third Party Cookies
The adverts appearing on our websites are delivered to you by our web advertising partners. Please be aware that these third parties may use cookies to obtain information about your visits to this site, such as number of times you have viewed an advert (but not your name, address, or other personal information).This information is used to serve adverts to you.


6. LINKED WEBSITES AND THIRD PARTY APPLICATIONS
VIVE FZE websites may contain links that will let you leave VIVE FZE's website and access another website. Linked websites are not under the control of VIVE FZE and it is possible that these websites have a different privacy policy. The Privacy Statement applies solely to personal information that is acquired on the websites or through your use of the VIVE FZE software, VIVE FZE products and/or your relationship with VIVE FZE, so VIVE FZE urges you to be careful when you enter any personal information online. VIVE FZE accepts no responsibility or liability for these other websites.


If you use any extras, plug-ins or third party applications together with the VIVE FZE Applications, the provider of such Applications may obtain access to certain personal information about you. VIVE FZE does not and cannot control how the provider of Applications may use any personal information connected in connection with such Applications. Please ensure that you review any privacy policies or other terms applicable to the use of such Application before installation.


7. HOW DOES VIVE FZE PROTECT YOUR PERSONAL INFORMATION?
VIVE FZE shall take appropriate organizational and technical measures to protect the personal data and traffic data provided to it or collected by it with due observance of the applicable obligations and exceptions under the relevant legislation. Your personal and traffic data can only be accessed by authorized employees or consultants of VIVE FZE  that need to have access to this data in order to be able to fulfil their given duties.

 

8. PHONE BOOK DATA
VIVE FZE shall not sell, rent, trade or otherwise transfer any personal phone book data    to any third party without your explicit permission, unless it is obliged to do so under applicable laws or by order of the competent authorities.
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9. CONTACTING YOU
VIVE FZE may from time to time ask you to provide information on your experiences which will be used to measure and improve quality. You are at no time under any obligation to provide any of such data. Any and all information which is voluntarily submitted in feedback forms on the website or any survey that you accept to take part in is used for the purposes of reviewing this feedback and improving the VIVE FZE software, VIVE FZE and QiiQ Communications and Ecocarrier Inc. entities' products and websites.


VIVE FZE may contact you to send you messages about faults and service issues. Further, VIVE FZE reserves the right to use email or the VIVE FZE software to notify you of any eventual claims related to your use of VIVE FZE software, the VIVE FZE websites and/or VIVE FZE products, including without limitation claims of violation of third party rights.


VIVE FZE may send you alerts by email to notify you when someone has tried to contact you. VIVE FZE may also use email or the VIVE FZE software to keep you up to date with news about the VIVE FZE software and VIVE FZE products that you have purchased and/or to inform you about other VIVE FZE or Communications and Ecocarrier Inc entities' products or other VIVE FZE related information. If you have registered for or use co-branded VIVE FZE products, the emails you receive may be from our sister company, acting on VIVE FZE’s behalf.


10. CAN THIS PRIVACY STATEMENT BE MODIFIED?
VIVE FZE reserves the right to modify the provisions of this Privacy Statement if deemed necessary. We will inform you of these changes by publishing the revised Privacy Statement on www.vive.com. The revised Privacy Statement shall become effective within thirty (30) days of such publishing, unless you expressly accept the revised statement earlier by clicking on the accept button. You agree that the express acceptance by you, or your continued use of the VIVE FZE applications or VIVE FZE products after the notice period of thirty (30) days, shall constitute your acceptance of the Privacy Statement.

 

11. WHAT RIGHTS DO YOU HAVE AND HOW CAN YOU CONTACT VIVE FZE?
You have the right to access and, where relevant, to amend your personal information. Some of your information may be viewed or edited online by logging into your My Account page on www.vive.com. We will respond to requests to view, correct, complete or remove your personal information within a reasonable period of time and upon verification of your identity. Please address any questions to the Customer Support page on www.vive.com.

 

12. HOW LONG IS YOUR PERSONAL DATA KEPT BY VIVE FZE?
VIVE FZE and, where relevant will retain your information for as long as is necessary to: (1) fulfil any of the Purposes (as defined in article 3 of this Privacy Statement) or (2) comply with applicable legislation, regulatory requests and relevant orders from competent courts.


© VIVE FZE – Last revised: 02 September 2009