Last Updated: June 1, 2020
TABLE OF CONTENTS:
INFORMATION WE COLLECT
HOW WE USE THE INFORMATION WE COLLECT
SHARING & DISCLOSURE
OTHER IMPORTANT INFORMATION
OPERATING GLOBALLY & INTERNATIONAL
1.2 Data Controller
When this policy mentions “vivivac,” “we,” “us,” or “our,” it refers to Lucht Publishing, LLC (the “Data Controller”).
- INFORMATION WE COLLECT
There are three general categories of information we collect.
2.1 Information You Give to Us.
2.1.1 Information that is necessary for the use of the vivivac Platform. We ask for and collect the following personal information about you when you use the vivivac Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services. Account Information. When you sign up for an vivivac Account, we require certain information such as your first name, last name, email address, and date of birth. Profile and Listing Information. To use certain features of the vivivac Platform (such as booking or creating a Listing), we may ask you to provide additional information, which may include your address, phone number, and a profile picture. Identity Verification Information. To help create and maintain a trusted environment, we may collect identity verification information (such as images of your government issued ID, passport, national ID card, or driving license, as permitted by applicable laws) or other authentication information. Payment Information. To use certain features of the vivivac Platform (such as booking or creating a Listing), we may require you to provide certain financial information (like your bank account or credit card information) in order to facilitate the processing of payments (via third party payment processor stripe - the Payments Data Controller). Communications with vivivac and other Members. When you communicate with vivivac or use the vivivac Platform to communicate with other Members, we collect information about your communication and any information you choose to provide.
2.1.2 Information you choose to give us. You may choose to provide us with additional personal information in order to obtain a better user experience when using vivivac Platform. This additional information will be processed based on our legitimate interest or when applicable, your consent. Additional Profile Information. You may choose to provide additional information as part of your vivivac profile (such as gender, preferred language(s), city, and a personal description). Some of this information as indicated in your Account settings is part of your public profile page, and will be publicly visible to others. Address Book Contact Information. You may choose to import your address book contacts or enter your contacts’ information manually to access certain features of the vivivac Platform, like inviting them to use vivivac. Other Information. You may otherwise choose to provide us information when you fill in a form, update or add information to your vivivac Account, respond to surveys, post to community forums, participate in promotions, communicate with our customer care team, share your experience with us, or use other features of the vivivac Platform.
2.1.3 Information that is necessary for the use of the Payment Services. The Payments Data Controller needs to collect the following information necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use Payment Services: Payment Information. When you use the Payment Services, the Payments Data Controller requires certain financial information (like your bank account or credit card information) in order to process payments and comply with applicable law. Identity Verification and Other Information. If you are a Host, the Payments Data Controller may require identity verification information (such as images of your government issued ID, passport, national ID card, or driving license) or other authentication information, your date of birth, your address, email address, phone number and other information in order to verify your identity, provide the Payment Services to you, and to comply with applicable law.
2.1.5 Information We Collect from Third Parties. vivivac may collect information, including personal information, that others provide about you when they use the vivivac Platform and the Payment Services, or obtain information from other sources and combine that with information we collect through the vivivac Platform and the Payment Services. We do not control, supervise or respond for how the third parties providing your information process your Personal Information, and any information request regarding the disclosure of your personal information to us should be directed to such third parties. Third Party Services. If you link, connect, or login to your vivivac Account with a third party service (e.g. Google, Facebook, WeChat), the third party service may send us information such as your registration, friends list, and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service. Your References. If someone has written a reference for you, it will be published on your vivivac public profile page with your consent. For Members, to the extent permitted by applicable laws and with your consent where required, vivivac may obtain the local version of police, background or registered sex offender checks. We may use your information, including your full name and date of birth, to obtain such reports. Enterprise Product Invitations and Account Management. Organizations that use our Enterprise products (such a vivivac for work and programs with property managers and owners) may submit personal information to facilitate account management and invitations to use enterprise products. Referrals. If you are invited to vivivac, the person who invited you may submit personal information about you such as your email address or other contact information. Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or information to help detect fraud and safety issues, from third party service providers and/or partners, and combine it with information we have about you. For example, we may receive background check results (with your consent where required) or fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the vivivac Platform through partnerships, or about your experiences and interactions from our partner ad networks.
2.2 Children’s Data. Our websites and applications are not directed to children under 16 and we do not knowingly collect any personal information directly from children under 16. If you believe that we processing the personal information pertaining to a child inappropriately, we take this very seriously and urge you to contact us using the information provided under the “Contact Us” section below.
- HOW WE USE INFORMATION WE COLLECT We may use, store, and process personal information to (1) provide, understand, improve, and develop the vivivac Platform, (2) create and maintain a trusted and safer environment (such as to comply with our legal obligations and ensure compliance with vivivac Policies) and (3) provide, personalize, measure, and improve our advertising and marketing.
3.1 Provide, Improve, and Develop the vivivac Platform. We may use the personal information to provide, improve, and develop the vivivac Platform such as to: enable you to access and use the vivivac Platform, enable you to communicate with other Members, operate, protect, improve, and optimize the vivivac Platform and experience, such as by performing analytics and conducting research, provide customer service, send you service or support messages, updates, security alerts, and account notifications, if you provide us with your contacts’ information, we may process this information: (i) to facilitate your referral invitations, (ii) send your requests for references, (iii) for fraud detection and prevention, and (iv) for any purpose you authorize at the time of collection, to operate, protect, improve, and optimize the vivivac Platform and experience, and personalize and customize your experience (such as making Listing suggestions, ranking search results) we conduct profiling based on your interactions with the vivivac Platform, your search and booking history, your profile information and preferences, and other content you submit to the vivivac Platform, and enable your use of our enterprise products. We process this personal information for these purposes given our legitimate interest in improving the vivivac Platform and our Members’ experience with it, and where it is necessary for the adequate performance of the contract with you.
3.2 Create and Maintain a Trusted and Safer Environment. We may use the personal information to create and maintain a trusted and safer environment such as to: detect and prevent fraud, spam, abuse, security incidents, and other harmful activity, conduct security investigations and risk assessments, verify or authenticate information or identifications provided by you (such as to verify your Accommodation address or compare your identification photo to another photo you provide), conduct checks against databases and other information sources, including background or police checks, to the extent permitted by applicable laws and with your consent where required, comply with our legal obligations, Resolve any disputes with any of our Members and enforce our agreements with third parties, enforce our Terms of Service and other policies, and in connection with the activities above, we may conduct profiling based on your interactions with the vivivac Platform, your profile information and other content you submit to the vivivac Platform, and information obtained from third parties. In limited cases, automated processes may restrict or suspend access to the vivivac Platform if such processes detect activity that we think poses a safety or other risk to the vivivac Platform, our community, or third parties. If you challenge the decisioning based on the automated process, please contact us as provided in the Contact Us section below. We process this personal information for these purposes given our legitimate interest in protecting the vivivac Platform, to measure the adequate performance of our contract with you, and to comply with applicable laws.
3.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing. We may use the personal information to provide, personalize, measure, and improve our advertising and marketing such as to: send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences (including information about vivivac or partner campaigns and services) and social media advertising through social media platforms such as Facebook or Google), personalize, measure, and improve our advertising, Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by vivivac or its third party partners, conduct profiling on your characteristics and preferences (based on the information you provide to us, your interactions with the vivivac Platform, information obtained from third parties, and your search and booking history) to send you promotional messages, marketing, advertising and other information that we think may be of interest to you, enrolling in an email subscription will not affect the frequency of administrative emails that we may send in connection with any vivivac Account. No fee is charged for sending promotional emails to you, but third-party data rates may apply. Note that you may not be able to take advantage of certain promotions if you do not have an vivivac Account, and invite you to events and relevant opportunities. We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest.
3.5 Your Choices You have choices on the promotional messages that you choose to receive. You can limit the information you provide to vivivac. Participation in promotions and marketing programs is voluntary. You can limit the communications that vivivac sends to you. To opt-out of marketing emails, simply click the link labeled “unsubscribe” at the bottom of any marketing email we send you or access the notification settings in your vivivac Account. To revoke permissions that you may have given to send promotional text messages, text STOP in response to any message. You can always update your notification settings within your vivivac Account by visiting the Notifications section of your vivivac Account. Please note that even if you opt-out of marketing communications, we may still need to contact you with important transactional information about your account. For example, even if you opt-out of emails, we may still send you activity confirmations or fraud alerts.
- SHARING & DISCLOSURE
4.2 Sharing between Members. To help facilitate bookings or other interactions between Members, we may need to share certain information, including personal information, with other Members, as it is necessary for the adequate performance of the contract between you and us, as follows: When you as a Guest submit a booking request, certain information about you is shared with the Host (and Co-Host, if applicable), including your profile, full name, the full name of any additional Guests, your cancellation history, and other information you agree to share. When your booking is confirmed, we will disclose additional information to assist with coordinating the trip, like your phone number. When you as a Host (or Co-Host, if applicable) have a confirmed booking, certain information is shared with the Guest (and the additional Guests they may invite, if applicable) to coordinate the booking, such as your profile, full name, phone number, and Accommodation or Experience address. When you as a Host invite another Member to become a Co-Host, you authorize the Co-Host to access and update your information and Member Content, including but not limited to certain information like your full name, phone number, Accommodation address, calendar, Listing information, Listing photos, and email address. When you as a Guest invite additional Guests to a booking, your full name, travel dates, Host name, Listing details, the Accommodation address, and other related information will be shared with each additional Guest. When you as a Guest initiate a Group Payment Booking Request certain information about each participant such as first name, last initial, profile picture as well as the booking details is shared among all participants of the Group Payment Booking Request. We don’t share your billing and payout information with other Members.
4.3 Profiles, Listings, and other Public Information. The vivivac Platform lets you publish information, including personal information, that is visible to the general public. For example: Parts of your public profile page, such as your first name, your description, and city, are publicly visible to others. Listing pages are publicly visible and include information such as the Accommodation or Experience’s approximate location (neighborhood and city) or precise location (where you have provided your consent), Listing description, calendar availability, your public profile photo, aggregated demand information (like page views over a period of time), and any additional information you choose to share. After completing a booking, Guests and Hosts may write Reviews and rate each other. Reviews and Ratings are a part of your public profile page and may also be surfaced elsewhere on the vivivac Platform (such as the Listing page). If you submit content in a community or discussion forum, blog or social media post, or use a similar feature on the vivivac Platform, that content is publicly visible. Based on our legitimate interest to promote the vivivac Platform we may display parts of the vivivac Platform (e.g., your Listing page) on sites operated by vivivac’s business partners, using technologies such as widgets or APIs. If your Listings are displayed on a partner’s site, information from your public profile page may also be displayed. Information you share publicly on the vivivac Platform may be indexed through third party search engines. In some cases, you may opt-out of this feature in your Account settings. If you change your settings or your public-facing content, these search engines may not update their databases. We do not control the practices of third party search engines, and they may use caches containing your outdated information.
4.4 Additional Services by Hosts. Hosts may need to use third party services available through the vivivac Platform to assist with managing their Accommodation or providing additional services requested by you, such as cleaning services or lock providers. Hosts may use features on the vivivac Platform to share information about the Guest (like check-in and check-out dates, Guest name, Guest phone number) with such third party service providers for the purposes of coordinating the stay, managing the Accommodation, or providing other services. Hosts are responsible for third party service providers they use and ensuring those service providers process Guest information securely and in compliance with applicable law including data privacy and data protection laws.
4.5 Compliance with Law, Responding to Legal Requests, Preventing Harm and Protection of our Rights. vivivac may disclose your information, including personal information, to courts, law enforcement, governmental authorities, tax authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with a valid legal request or to respond to claims asserted against vivivac, (iii) to respond to a valid legal request relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Service or other agreements with Members, or (v) to protect the rights, property or personal safety of vivivac, its employees, its Members, or members of the public. For example, if permitted due to the forgoing circumstances, Host tax information may be shared with tax authorities or other governmental agencies. These disclosures may be necessary to comply with our legal obligations, for the protection of your or another person's vital interests or for the purposes of our or a third party’s legitimate interest in keeping the vivivac Platform secure, preventing harm or crime, enforcing or defending legal rights, facilitating the collection of taxes and prevention of tax fraud or preventing damage. Where appropriate, we may notify Members about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon vivivac’s property, its Members and the vivivac Platform. In instances where we comply with legal requests without notice for these reasons, we may attempt to notify that Member about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.
4.6 Service Providers. vivivac uses a variety of third-party service providers to help us provide services related to the vivivac Platform. Service providers may be located inside or outside of the European Economic Area (“EEA”). For example, service providers may help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases, (iii) conduct background or police checks, fraud prevention, and risk assessment, (iv) perform product development, maintenance and debugging, (v) allow the provision of the vivivac Services through third party platforms and software tools (e.g. through the integration with our APIs), (vi) provide customer service, advertising, or payments services, or (vii) process, handle or assess insurance claims or other similar claims. These providers have limited access to your personal information to perform these tasks on our behalf, and are contractually bound to protect the personal information and only use the personal information in accordance with our instructions. vivivac will need to share your information, including personal information, in order to ensure the adequate performance of our contract with you.
4.7 Corporate Affiliates. To enable or support us in providing the vivivac Platform, we may share your information, including personal information, within our corporate family of companies (both financial and non-financial entities) that are related by common ownership or control. Sharing with Lucht Publishing, LLC. Even if your country of residence is not the United States, your information may be shared with Lucht Publishing, LLC which provides the technical infrastructure for the vivivac Platform, product development and maintenance, customer support, trust and safety and other business operation services to other vivivac entities. The data sharing is necessary for the performance of the contract between you and us and is based on our legitimate interests in providing the vivivac Platform globally. Additionally, we share your information, including personal information, with our corporate affiliates in order to support and integrate, promote, and to improve the vivivac Platform and our affiliates’ services.
4.8 Programs with Managers and Owners. We may share personal information and booking information with landlords, management companies, and/or property owners in order to facilitate programs with these partners. For example, guest booking and personal information may be shared with owners and property managers of the building, complex, or planned community where a host lives and/or the listing is to facilitate hosting services, security, billing, and other services that may be provided.
4.10 Aggregated Data. We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, research, demographic profiling, marketing and advertising, and other business purposes.
- OTHER IMPORTANT INFORMATION
5.1 Analyzing your Communications. We may review, scan, or analyze your communications on the vivivac Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, analytics, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyze messages to mask contact information and references to other websites. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your messaging communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications. These activities are carried out based on vivivac's legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.
5.2 Linking Third Party Accounts. You may link your vivivac Account with your account at a third party social networking service. Your contacts on these third party services are referred to as “Friends.” When you create this link: some of the information you provide to us from the linking of your accounts may be published on your vivivac Account profile; your activities on the vivivac Platform may be displayed to your Friends on the vivivac Platform and/or that third party site; a link to your public profile on that third party social networking service may be included in your vivivac public profile; other vivivac users may be able to see any common Friends that you may have with them, or that you are a Friend of their Friend if applicable; other vivivac users may be able to see any schools, hometowns or other groups you have in common with them as listed on your linked social networking service; the information you provide to us from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes; and the publication and display of information that you provide to vivivac through this linkage is subject to your settings and authorizations on the vivivac Platform and the third party site. We only collect your information from linked third party accounts to the extent necessary to ensure the adequate performance of our contract with you, or to ensure that we comply with applicable laws, or with your consent.
- YOUR RIGHTS Consistent with applicable law, you may exercise any of the rights described in this section before your applicable vivivac Data Controller. Please note that we may ask you to verify your identity and request before taking further action on your request.
6.1 Managing Your Information. You may access and update some of your information through your Account settings. If you have chosen to connect your vivivac Account to a third-party application, like Facebook or Google, you can change your settings and remove permission for the app by changing your Account settings. You are responsible for keeping your personal information up-to-date.
6.2 Rectification of Inaccurate or Incomplete Information. You have the right to ask us to correct inaccurate or incomplete personal information about you (and which you cannot update yourself within your vivivac Account).
6.3 Data Access and Portability. In some jurisdictions, applicable law may entitle you to request certain copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
6.4 Data Retention and Erasure. We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. In certain jurisdictions, you can request to have all your personal information deleted entirely." Please note that if you request the erasure of your personal information: We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend an vivivac Account for fraud or safety reasons, we may retain certain information from that vivivac Account to prevent that Member from opening a new vivivac Account in the future. We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, vivivac and vivivac Payments may keep some of your information for tax, legal reporting and auditing obligations. Information you have shared with others (e.g., Reviews, forum postings) may continue to be publicly visible on the vivivac Platform, even after your vivivac Account is cancelled. However, attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers. Because we maintain the vivivac Platform to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.
6.5 Withdrawing Consent and Restriction of Processing. If we are processing your personal information based on your consent you may withdraw your consent at any time by changing your Account settings or by sending a communication to vivivac specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing pursuant to Section 6.6 and pending the verification whether the legitimate grounds of vivivac override your own.
6.7 Lodging Complaints. You have the right to lodge complaints about our data processing activities by filing a complaint with our Data Protection Officer who can be reached by the “Contact Us” section below or with a supervisory authority.
- SECURITY We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your vivivac Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your vivivac Account, please contact us following the instructions in the Contact Us section below.