Vibes Online Privacy and Data Protection Policy

 

Last Update: 12/19/2019

Vibes takes seriously the privacy of individuals who use our website and our online services. We also understand that our customers, who use us to provide industry-leading mobile marketing management, trust us with information about their customers and potential customers, and we honor that trust.

What information does this privacy policy cover?

This privacy policy covers information collected from visitors to any Vibes website, including www.vibes.com and the Vibes developer portal, and individuals using any Vibes online service, including the Vibes Mobile Engagement platform, Connect services, and APIs (collectively, “visitors”). This policy does not cover information that may be collected when visitors view or use a website or online service operated by a third party. It also does not cover information collected by Vibes through means other than visitors’ use of Vibes websites and online services.

What information does Vibes collect through its websites and online services?

Vibes gathers several types of information from visitors. It may gather “personal information,” which is information that identifies visitors or can reasonably be linked to a visitor. Examples of personal information include the name, username, address, email address, telephone number, and IP address of a visitor. Some of this information, such as IP address, is gathered automatically when a visitor uses a Vibes website or online service. A visitor may also voluntarily submit personal information through an online contact form, client log-in, and elsewhere on a Vibes website or in Vibes online services. Vibes does not gather biometric information from visitors.

Vibes may also gather “non-personal information” about visitors, which is information that cannot reasonably be linked to you.

Vibes may also gather “customer-provided information,” or information that customers provide to Vibes about third parties, through a Vibes website or online service. For example, a Vibes customer may provide Vibes with information about individuals who have signed up to receive text messages from the Vibes customer by entering that information into the Mobile Engagement platform or Connect services.

Can third parties collect information through Vibes websites?

Yes. Third-party companies that offer website analytics, application monitoring, and communications-management tools to Vibes may gather personal and non-personal information from visitors, including by using cookies. These companies may use information collected from visitors over time and across third-party websites and online services. For more information, see our Cookie Policy.

How does Vibes use personal information?

Vibes may use personal information to provide and manage any services requested by a visitor; respond to visitor inquiries; contact visitors with offers and information about Vibes services and services offered by our partners; understand visitors’ business needs; improve Vibes products, services, and marketing efforts; respond to an emergency; and protect the legal rights of Vibes or any third party.

How does Vibes use customer-provided information?

Vibes uses customer-provided information to provide mobile marketing management services to its clients. From time to time, Vibes may also access customer-provided information to respond to client inquiries, to analyze and improve Vibes products and services, for system maintenance, for administrative purposes, in the event of an emergency requiring the use of customer-provided information, and to protect the legal rights of Vibes or any third party. Vibes may otherwise use customer-provided information as directed by the customer who provides the relevant information.

How does Vibes use non-personal information?

Vibes uses non-personal information for a variety of purposes. For example, it may use anonymous non-personal information to improve its website, understand its visitors’ business needs, and administer its websites and online services. Vibes reserves the right to use non-personal information for any lawful purpose.

Does Vibes share personal information with third parties?

Vibes may share personal information with third parties as follows:

  •  with Vibes affiliates, subsidiaries, contractors, and agents, subject to their agreement to follow this policy,
  •  as required by law, such as to comply with a subpoena, warrant, or similar legal process,
  • when Vibes believes in good faith that such disclosure is necessary to protect its legal rights,
  • in an emergency where Vibes believes that such disclosure is necessary to protect public or individual safety,
  • where necessary to investigate fraud or respond to a government request, and
  • to a successor in interest if Vibes is involved in a merger, acquisition, or sale of all or a portion of assets.

Does Vibes share customer-provided information with third parties?

Vibes does not sell customer-provided information to third parties. However, Vibes may share customer-provided information with third parties as follows:

  • at the request of the customer who provided the information to Vibes,
  • when such disclosure is necessary to fulfill client requests, fulfill Vibes contractual obligations to a client, or maintain or administer Vibes systems,
  • as required by law, such as to comply with a subpoena, warrant, or similar legal process,
  • when Vibes believes in good faith that such disclosure is necessary to protect its legal rights,
  • in an emergency where Vibes believes that such disclosure is necessary to protect public or individual safety,
  • where necessary to investigate fraud or respond to a government request, and
  • to a successor in interest if Vibes is involved in a merger, acquisition, or sale of all or a portion of assets.

Vibes does not share customer-provided information with third parties for third parties’ direct marketing purposes.

Does Vibes share non-personal information with third parties?

Vibes may share non-personal information for a variety of purposes. For example, it may share anonymous non-personal information with its partners to improve the Vibes website, understand its visitors’ business needs, and administer Vibes websites and online services. Vibes reserves the right to disclose non-personal information to third parties in any manner allowed by law.

What rights do visitors have with respect to personal information in Vibes’ possession under GDPR?

Individuals located in the European Union, Switzerland, or the United Kingdom have the right to:

  • request information about processing of your personal information
  • object to or withdraw consent for the continued processing of personal information
  • request erasure or correction of personal information
  • request that Vibes provide personal information in a portable form.

Visitors should contact dpo@vibes.com with any such request.

Note that individuals who receive mobile messages from a Vibes client should contact the Vibes client directly with any request for information about processing, objections, withdrawal of consent, erasure, correction, or data portability.

Are children welcome to use Vibes websites or online services?

Vibes websites and online services may not be used by children under the age of 16. We do not knowingly collect information from children under the age of 16 through our website or online services. If a parent or guardian becomes aware that his or her child has provided us with personal information through our website or online services, please contact us at hello@vibes.com. We will remove such personal information from our files within a reasonable time.

What steps does Vibes take to protect personal and customer-provided information?

Vibes implements and continually updates reasonable physical, technical, and organizational measures designed to secure personal and customer-provided information from unauthorized access, use, alteration, or disclosure and from accidental loss or corruption. Vibes uses reasonable security measures on all of its websites and online services, as well as on the servers, equipment, and Vibes-run networks used to store and process personal and customer-provided information. It also maintains internal policies and practices designed to promote information security. However, no security system can guarantee absolute security. Should Vibes discover a breach involving visitors’ personal information, it will notify affected visitors as required by law.

How will visitors be notified of changes to this policy?

The most up-to-date version will be accessible through our website. If we make changes that may result in personal information being processed in a manner not covered by this version of our privacy and data protection policy, we will alert visitors and other affected individuals in a reasonably prominent manner before changes go into effect.

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

If you have purchased services from Vibes, 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 governs.

How can visitors ask a question or make a complaint?

The best way to get in touch is via email. Visitors with general questions about Vibes can email hello@vibes.com. Visitors with questions or complaints about Vibes privacy and data protection policies and practices can email dpo@vibes.com.

Vibes has offices in Chicago, San Francisco, Miami, and London. Full addresses can be found here.

Individuals located in the European Union, Switzerland, or the United Kingdom have a right to lodge a complaint about Vibes data protection policies or practices with the data protection supervisory authority in their 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.

Data Storage and Retention

Visitors’ personal data and customer-provided personal data are stored on our systems and servers, which are located both in the United States and in the European Union. We will retain this data for the period necessary to fulfill the purposes that have been stated in this Privacy Statement, except if a longer retention period is required or permitted by law. Factors which will determine our retention period, include, but are not limited to the following criteria:

  • The length of an ongoing relationship with us.
  • If there is a legal obligation to retain personal data. For example, government regulations may require certain records such as financial transactions to be held for a minimum period of time.
  • Whether retention promotes a legitimate business purpose or legal interest, such as responding to regulator requests, engaging in dispute resolution, or preserving records in response to or anticipation of litigation.
  • If the person to whom the data relates has requested that Vibes delete the data. Note, however, that Vibes evaluates such requests for deletion on a case-by-case basis.

 

Notice To California Residents

1. CALIFORNIA PRIVACY NOTICE

This California Privacy Notice is effective as of January 1, 2020.

This California Privacy Notice sets forth the disclosures and rights for California consumers regarding their personal information, as required by the California Consumer Privacy Act (“CCPA”). Terms used in this California Privacy Notice have the same meanings given in the CCPA and the regulations of the Attorney General implementing the CCPA, unless otherwise defined.

This notice provides information about the categories of information that we collect from California residents generally, the sources of the information, the purposes for which we use the information, and the categories of third parties to whom we disclose the information for business purposes and to whom we sell Personal Information as defined by CCPA (and information on how to opt-out).

INFORMATION VIBES COLLECTS

Vibes gathers several types of information from visitors. It may gather “Personal Information,” which is information that identifies visitors or can reasonably be linked to a visitor.

The following are the categories of Personal Information that we have collected from our users over the last 12 months (and examples of the types of information those include), the categories of sources from which that information was collected, the business or commercial purpose(s) for which the information was collected, the categories of third parties with whom we disclose the information for a business purpose, and the categories of third parties to whom this type of personal information is sold.

We may also collect and/or use additional types of information after providing notice to you before collection and obtaining your consent (to the extent such notice and consent is required by the CCPA).

Exercising Your California Access, Deletion, And Do Not Sell Rights

You have the right to request that we disclose to you what Personal Information we collect, use, disclose, and sell, including the right to request that we provide to you the specific pieces of Personal Information we have collected about you in the prior 12 months (“Right to Know”) and you have the right to ask us to delete the Personal Information we collect about you (“Right to Delete”), subject to exceptions set forth in the CCPA. California residents also have the right to opt-out from the sale of their Personal Information. These rights are subject to some limitations, such as when we are retaining data to comply with our own legal obligations. You will not be required to create an account with us in order to submit a request. More information on each of these rights is below.

Response Timing

When you request access to the Personal Information we have collected or deletion of your Personal Information, we will typically provide the requested information within 45 days, and we will notify you within that time period if we need additional time to process your request. When you opt-out from the sale of your Personal Information, we will honor your request as soon as feasible, but no later than 15 days from the date we receive your request.

Right To Know

  1. Making A Request
    To request the specific pieces of Personal Information we have collected about you in the prior 12 months, please email the request to privacy@vibes.com
  1. Verifying Requests to Access

Please note that we will take steps to verify your identity in order to fulfill your request. We will first verify your email address is active and we will take steps to verify the information you provide to us.

In order to verify your identity, we will request that you provide: your name, email address, and phone number.

In order to have us provide specific pieces of information, we will require a signed declaration under penalty of perjury that you are the consumer whose Personal Information is the subject of the request.

If we are unable to verify that the individual submitting the request is the same individual about whom we have collected information (or someone authorized by that individual to act on their behalf), we will not be able to provide the requested information.

Right To Delete

The CCPA also provides a right to request that we delete personal information we have collected about you and for us to direct service providers to do the same, with certain exceptions as set forth in the CCPA. Note that you may also delete certain Personal Information you have provided to us through your online account.

When processing a request to delete, we may erase some information and we may de-identify some information (when we de-identify information, we implement technical safeguards and business processes that prohibit re-identification, business processes to prevent inadvertent release of de-identified information, and will make no attempt to re-identify the information).

  1. Making A Request
    To request we delete your Personal Information, please email the request to privacy@vibes.com
  1. Verifying Requests to Delete

To ensure that we do not delete your personal information in response to a fraudulent request, once you submit the request, we will follow up to confirm that you want your information to be deleted.

In order to verify your identity, we will request that you provide: your name, email address, and phone number. If we are unable to verify that the individual submitting the request is the same individual about whom we have collected information (or someone authorized by that individual to act on their behalf) we will not delete the information but we will process the request as a “Do Not Sell” request.

Right To Opt-Out Of The Sale Of Personal Information

The CCPA also provides a right to California residents to request to opt-out of the sale of Personal Information. Vibes does not at this time sell Personal Information, but still will allow you to request opting out of the sale of personal information.

If you would like to opt-out of the sale of Personal Information, please submit your request via email to privacy@vibes.com. Your request must include your full name, email address, and phone number so that we can contact if needed regarding this request.

Notice to Nevada Residents

Vibes does not currently sell your covered information as those terms are defined under applicable Nevada law. You may still submit an opt-out request and we will honor that request as required by Nevada law if Vibes were to engage in such a sale in the future. If you are a Nevada resident and would like to opt-out of the sale of your covered information, please submit your request via email to privacy@vibes.com. Your request must include your full name, email address, and phone number so that we can contact if needed regarding this request. If you previously provided a phone number, it will assist us in making sure we identify you as someone who wants to opt-out. You may also be required to take reasonable steps as we determine from time to time in order to verify your identity and/or the authenticity of the request. Vibes will respond to your request within sixty (60) days either confirming that your request has been processed or indicating that we need an additional thirty (30) days to complete the request.

 

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