Vibes Online Privacy and Data Protection Policy

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Updated: 05/30/2023

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Vibes takes your privacy seriously.  We know that individuals who use our website and our online services expect us to handle their personal information with care.  We also understand that our business clients, who use our industry-leading mobile marketing management services, trust us with information about their customers and potential customers, and we honor that trust.

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What is “personal information”?  

‍Personal Information is information that identifies, relates to, describes, or is reasonably capable of being associated with or linked, directly or indirectly, with a particular consumer or household.  
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What information does this privacy policy cover?‍

This privacy policy covers personal information collected from and about visitors to Vibes websites, including www.vibes.comand the Vibes developer portal (“Vibes Websites”), and individuals using anyVibes online service, including the Vibes Mobile Engagement platform, Connect services, and APIs (“Vibes Services).  It also covers personal information that Vibes collects from third parties for outreach and marketing purposes.  
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Who decides how Vibes handles personal information?‍

In some cases, Vibes collects personal information as a “controller,” which means Vibes is in charge of and responsible for deciding how and why personal information is processed.  We refer to this personal information as “Vibes Personal Information” in this Policy. In most cases, however, Vibes collects and processes personal information as a “processor” or service provider to our business clients.  That means we are collecting personal information from and on behalf of our business clients who use Vibes Services to communicate with their own customers and prospective customers.  We process this “Client Personal Information” at the direction of the relevant business client, and subject to that client’s privacy policy.
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What personal information does Vibes collect?  Where does that personal information come from, how is it used and disclosed?

‍The following chart describes the personal information Vibes may collect as a controller, why we collect that information, where it comes from, and to whom we disclose it.  ‍‍

Vibes Personal Information
Personal Data  Category
Source
Use
Disclosure
Identifiers, including real name, alias, postal address, telephone number(s), unique personal identifier, online identifier, Internet Protocol address, email address(es), account name, pseudonymous device identifiers such as Cookies or similar technologies.

Commercial Information, including information about the device(s) you use on our sites and platforms, products, or services you purchased or considered

Professional Information, including information about your profession and/or your employer

Online Activity Information / Usage Information

Inferences, including information that we haveinferred about your preferences, interests, characteristics, and attitudes
Vibes collects this information when you interact with our websites and use our online services or platforms.  

‍Device Identifiers (i.e., IP addresses, Cookies, Maids), Commercial Information, and Usage Data are collected automatically when you visit our websites and use our apps.   
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In other cases, including Direct Identifiers such as name, address, email, or phone numbers, you provide the information directly to Vibes on our website sand platforms. 

Vibes may collect Professional Information from website or application visitors and from third party sources such as data brokers. 

Vibes may collect Usage Information (associated with a Cookie) when you interact with our websites and services, and platforms. 

Finally,Vibes may develop Inferences based on the data described above.
Vibes uses this information to:

- provide and  manage services that you request,

- respond to your  questions and send information you request,

- contact you with  information about Vibes services and services offered by our partners,

- analyze and  improve our online properties and services,

- deliver content  based on inferences about your activities on the Vibes websites and  platforms,

- analyze the  effectiveness of our marketing campaigns,

- respond in  emergencies, and

- protect the  rights of Vibes, its customers, and third parties.
Vibes  shares personal information:

- with its  affiliates and subsidiaries subject to their agreement to comply with this  privacy policy,

- with service  providers subject to written agreements that limit their use of data to that  which is necessary to provide requested services,

- in pseudonymized  form, with third parties and service providers who help us administer our  business, offer website analytics, application monitoring,  communications-management tools, and marketing services.  Recipients of pseudonymized information may  include third party providers who place Cookies on our websites,

- where required by  law, e.g., in response to a subpoena, warrant, or other legal process,

- to respond to  emergencies where Vibes has a good faith belief that this is necessary to  protect Vibes, its partners, or the public,

- in connection  with a corporate transition including a merger, acquisition, or asset sale. 

Vibes  does not sell your personal information to third parties.

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The following chart describes personal information that Vibes may process in the course of providing mobile marketing management services to our business clients. Vibes processes this data as a service provider and our client contracts limit our collection, use, and disclosure of personal information to that which is reasonably necessary to provide the services and achieve specified legitimate business purposes such as security, de-bugging, quality assurance, and/or internal research.   This chart is provided for your information only because Vibes, as a service provider, does not control our clients’ personal information processing practices.

Client Personal Information
Personal Data  Category
Source
Use
Disclosure
Identifiers, including real name, alias, postal address,  unique personal identifier, online identifier, Internet Protocol address,  email address, account name, or other similar identifiers

Information about your financial services and health care providers, including insurance numbers.

Commercial Information, including information about the device(s) you use on our sites and platforms, products, or services you purchased or considered

Professional Information, including information about your profession and/or your employer

Online Activity Information / Usage Information

Inferences, including information that we have inferred about your preferences, interests, characteristics, and attitudes

Sensitive Personal Information including information contained in text messages sent via the Vibes platforms and services and your responses to those texts.
This  information is either:

- provided to Vibes  by or on behalf of our business customers (e.g., from their service  providers, data brokers, or other third parties on behalf of our customers;

- collected by  Vibes on behalf of our business customers as you interact with communications  sent via Vibes services and platforms; or

- licensed by Vibes  from third party providers.  
Vibes  uses this information to:

- provide mobile  marketing management services at the direction and on behalf of our business  customers;

- respond to  customer inquiries and requests;

- to administer our  business, for example to bill for our services or comply with regulatory  requirements;

- in aggregated or  pseudonymized form, improve Vibes products and services;·   analyze the  effectiveness of our marketing campaigns;·   respond in  emergencies; and

- protect the  rights of Vibes, its customers, and third parties.
Vibes shares personal information:

- with service providers subject to written agreements that limit their use of data to that which is necessary to provide requested services;

- with business customers and others at the direction of those customers;

- to respond to business customer requests;

- where required bylaw, e.g., in response to a subpoena, warrant, or other legal process;

- to respond to emergencies where Vibes has a good faith belief that this is necessary to protect Vibes, its partners, or the public; and

- in connection with a corporate transition including a merger, acquisition, or asset sale.

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How long does Vibes keep personal information?  Where is it stored?

We store Vibes Personal Information and Client Personal Information on Vibes systems, Vibes-controlled servers, and servers operated by cloud providers in the United States and the European Union.  

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We retain Vibes Personal Information only for as long as it is needed to provide our mobile marketing management services; comply with applicable law and regulation; operate our business, including for billing, trouble shooting, dispute resolution, security, and client support activities; and achieve other legitimate business purposes described in this policy.  The retention period for each category of personal information, and the different data elements in that category, depends on a number of factors.  

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Vibes retains Personal Information for the period necessary to provide our mobile marketing management services, comply with applicable law, and as directed by the relevant business client.  Our business clients may direct Vibes to retain personal information for a longer or shorter period, based on their own business needs. In general Vibes retains its Client Information for a maximum of six years.

Vibes Personal Information
Personal Data  Category
Data Retention Period
Identifiers, including real name, alias, postal address, telephone number(s), unique personal identifier, online identifier, Internet Protocol address, email address(es), account name, pseudonymous device identifiers such as Cookies or similar technologies
Indefinitely for Sales & Marketing purposes
Commercial Information, including information about the device(s)  you use on our sites and platforms, products, or services you purchased or  considered
Indefinitely for Sales & Marketing purposes
Professional Information, including information about your profession and/or your employer
Indefinitely for Sales & Marketing purposes
Online Activity Information / Usage Information
Indefinitely for Sales & Marketing purposes
Inferences, including information that we haveinferred about your preferences, interests, characteristics, and attitudes
30 days following contract termination if Client requests deletion; otherwise, 6 year maximum.
Client Personal Information
Personal Data  Category
Identifiers, including real name, alias, postal address, unique personal identifier, online identifier,Internet Protocol address, email address, account name, or other similar identifiers
30 days following contract termination if Client requests  deletion; otherwise, 6 year maximum.
Information about your financial services and health care providers, including insurance numbers.
30 days following contract termination if Client requests deletion; otherwise, 6 year maximum.
Commercial Information, including information about the device(s) you use on our sites and platforms, products, or services you purchased or considered
30 days following contract termination if Client requests deletion; otherwise, 6 year maximum.
Professional Information, including information about your profession and/or your employer
30 days following contract termination if Client requests deletion; otherwise, 6 year maximum.
Data Retention Period
Online Activity Information / Usage Information
30 days following contract termination if Client requests deletion; otherwise, 6 year maximum.
Inferences, including information that we have inferred about your preferences, interests, characteristics, and attitudes
30 days following contract termination if Client requests deletion; otherwise, 6 year maximum.
Sensitive Personal Information including information contained in text messages sent via the Vibes platforms and services and your responses to those texts.
30 days following contract termination if Client requests deletion; otherwise, 6 year maximum.

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What about Cookies and similar technologies?

We may use Cookies and similar technologies, along with other personal information described in this statement to enhance and personalize your experience when you visit Vibes Websites and when you interact with clients using Vibes Services; manage and enable preferences, transactions, and related uses of Vibes Services and data; and personalize ads you see online based on your visits to Vibes Websites.

Every page on the Vibes Website (www.vibes.com) contains a “Cookie Preferences” box where you can learn more about the kinds of Cookies on the Vibes website:

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Cookies that are “strictly necessary” (i.e., required to enable basic website functionality) cannot be turned off, but you are free to turn off marketing, personalization, and analytics Cookies at any time.  

 

Your rights under State law.

You may have additional rights under state privacy law.  For example, California, Colorado, Connecticut, Iowa, Utah, and Virginia have recently adopted comprehensive consumer privacy laws.  Where these state laws are in effect and apply, you may have the right to request access to, correction and deletion of certain Vibes Personal Information.  You may also have the right to limit the use and disclosure of Vibes Personal Information about you.  Vibes will not discriminate against you for exercising any of these rights.  

Information for residents of US States that have adopted consumer privacy laws.

If you are a resident of California, Colorado, Connecticut, Iowa, Utah,Virginia, or another state that has enacted a comprehensive data protection law, you may have additional rights regarding Vibes’ collection, use, disclosure, sale, and sharing of your personal information as a controller.  Residents of these states may have the right (depending on the specific state and subject to certain exceptions) to make certain requests regarding how Vibes uses personal information, including:

-    Access: You may have the right to request that we disclose to you: (i) the categories and specific pieces of personal information we have collected or shared about you; (ii) the categories of sources from which we have collected that information; (iii) the commercial or business reason(s) we have collected, sold, or shared that information; and (iv) the categories of third parties with whom we have shared or to whom we have sold that information.

-    Correction: You may have the right to ask us to correct inaccurate personal information that we collect or maintain about you, subject to verification.

-    Deletion: You may have the right to request deletion of personal information about you.

-    Opt Out of Sale and Sharing: Vibes does not sell personal information, but you may have the right to “opt-out” of the sharing of personal information about you (for example, via Cookies).

-    Opt Out of Profiling/Automated Decision Making and Targeted or Cross-Context Behavioral Advertising: You may have the right to opt out of our use of your personal information for certain purposes including profiling, automated decision making, and targeted or cross-context behavioral advertising.

-    Use of Sensitive Personal Information:  Vibes does not process sensitive personal information as a controller. 

To opt-out of sharing via website Cookies, please click on the Cookie preferences link you will find on the http://vibes.com website.

The best way to exercise any other rights you may have under state law is by sending an email to privacy@vibes.com. Alternatively, you can call our toll-free number at 1 (877) 834-9566.

Data Privacy Team

Vibes Media, Inc.  

300 West Adams Street

Chicago, IL 60606

 

Please note that where Vibes is processing personal information as a service provider on behalf of our business clients, we will follow our client’s directions for handling these requests.

Use of Authorized Agents

Under California law you may have the right to use an authorized agent to submit an opt-out request to Vibes.  An authorized agent submitting a request to opt-out on behalf of another consumer should provide written permission, signed by the consumer, authorizing the agent to submit the opt-out request.  The name of the agent submitting the request must match the name on the authorization.  Please also include the consumer’s first and last name (middle name optional) and their address (including unit number, city, state, and zip code).  

In order to opt-out of Cookies, however, you must use the Cookie Preferences link on the Vibes website: http://vibes.com/

Using an authorized agent to submit a consumer privacy request for access or correction. 

In order to submit an access or correction request on behalf of another consumer, an authorized agent must either provide a valid power of attorney executed lawfully under California Probate Code sections 4000 to 4465 or provide signed permission from the consumer authorizing the agent to submit the privacy request(s) on their behalf, including a description of the type of privacy request(s).  The consumer must verify their own identity directly with the business by submitting information or documentation that provides sufficient proof of identification, such as a copy of the individuals birth certificate, driver’s license, or a government issued ID.

Documentation may be sent to the addresses listed below.

Data Privacy Team

Vibes Media, Inc. 

300 West Adams Street

Chicago, IL 60606

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Information for residents of the European Economic Area, UK, and Switzerland.

Vibes honors requests for confirmation of processing, access to and correction or erasure of Vibes Personal Information as required by European data protection laws, including the EU’s and UK’s General Data Protection Regulations (GDPR and UK GDPR).  If you are resident in the European Economic Area (EEA), please contact us at privacy@vibes.com to initiate this process.  You may be required to provide information verifying your identity.

Are children welcome to use Vibes websites or online services?

Children under the age of 18 are not permitted to visit Vibes Websites or use Vibes Services.  We do not knowingly collect information from children under the age of 18 through Vibes Websites or Services.  Please contact us at privacy@vibes.com if you believe that Vibes has information about your child and we will remove that information from our files in accordance with applicable law.

What steps does Vibes take to protect personal information?

Vibes implements and continually updates reasonable physical, technical, and organizational measures designed to secure personal information from unauthorized access, use, alteration, or disclosure and from accidental loss or corruption.

How will Vibes inform you about changes to this policy?

We update this policy from time to time but at least on an annual basis.  Please check the "Updated" date appearing at the beginning of this policy to see when the policy was last updated.  We will post all updates on this page and, if they are significant, we will provide more prominent notice on this website prior to the effective date of the updated policy.  Updates we determine to be material will become effective 30 days after posting.

How does this privacy policy relate to a Vibes service contract?

If you have purchased Vibes Services, this policy should be read in conjunction with your service contract (including any data protection addenda). In the event of any direct conflict between this policy and your service contract with Vibes, the service contract will take precedence.

Do you have a question or complaint?

If you have a question about this policy or Vibes personal information processing and data protection practices, please send an email to privacy@vibes.com.  Alternatively, you can send postal mail to: Vibes Media, Inc. 300 West Adams Street, Chicago, IL 60606. If you live in the European Economic Area, Switzerland, or the United Kingdom, you may also lodge a complaint about Vibes data protection policies or practices with the data protection supervisory authority in your country of habitual residence.  Contact information for EU data protection authorities is located here.  Individuals located in other nations may have similar rights to lodge a complaint with their own local authorities.

Contact Vibes

DataPrivacy Team

Attn: Data Protection Officer

Vibes Media, Inc.  

300 West Adams Street

Chicago, IL 60606

Privacy@vibes.com‍