PRIVACY POLICY 
Last updated:  July 29, 2021


ViFive, Inc. (“we” or “us” or “our”) respects the privacy of our users (“user” or “you”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit or use our mobile application (the “Application”) and related software, APIs, websites, products, services, and features thereof (collectively, the “Services”). Please read this Privacy Policy very carefully. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE APPLICATION.

We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of this Privacy Policy. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Application after the date such revised Privacy Policy is posted.

This Privacy Policy does not apply to the third-party online/mobile store from which you install the Application or make payments, including any in-game virtual items, which may also collect and use data about you. We are not responsible for any of the data collected by any such third party.


COLLECTION OF YOUR INFORMATION

We may collect information about you in a variety of ways. The information we may collect via the Application or the Services depends on the content and materials you use, and includes:

User-Provided Data

When you use the Application or Services, we may collect information about you, including your name, email address, user preferences, gender, age, and demographic information, and we may link this information with other information about you. We may collect other personally identifiable information that you voluntarily give to us when choosing to participate in various activities related to the Application, such as sending feedback, or responding to surveys. You may provide us with information in various ways via the Application and/or Services. For example, you provide us with information when you register for an account, use the Application or Services, or send us customer service-related requests.  

Derivative Data

Information our servers automatically collect when you access the Application or Services, such as your exercises, including your activities and progress, as well as your interactions with the Application and aggregated data with other users (via server log files).

Mobile Device Access

We request access or permission to certain features from your mobile device, including your mobile device’s front-facing camera. If you wish to change our access or permissions, you may do so in your device’s settings.

Mobile Device Data

Device information, such as your mobile device ID number, model, and manufacturer, version of your operating system, country, location, and any other data you choose to provide.

Third-Party Web Beacons and Third-Party Buttons

We may display third-party content on the Services, including third-party advertising. Third-party content may use cookies, web beacons, or other mechanisms for obtaining data in connection with your viewing of the third-party content on the Services. Additionally, we may implement third-party buttons (such as Facebook “like” or “share” buttons) that may function as web beacons even when you do not interact with the button. Information collected through third-party web beacons and buttons is collected directly by these third parties, not by us. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies. 

Information from Other Sources

We may obtain information from third parties and sources other than the Services, such as our partners and advertisers. 

USE OF YOUR INFORMATION

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Application or Services to:

1. Provide, activate and manage your access to and use of the Application or Services;
2. Provide technical, product and other support and to help keep the Application or Services working, safe and secure;
3. Offer you customized content and other personalization to make the Application or Services more relevant to your interests;
4. Compile anonymous statistical data and analysis for use internally;
5. Create and manage your account.
6. Email you regarding your account or order.
7. Generate a personal profile about you to make future visits to the Application or Services more personalized.
8. Increase the efficiency and operation of the Application or Services.
9. Monitor and analyze usage and trends to improve your experience with the Application or Services.
10. Notify you of updates to the Application or Services.
11. Request feedback and contact you about your use of the Application or Services.
12. Solicit support for the Application or Services.
13. Operate, maintain, enhance and provide all features of the Application or Services
14. Provide services and information that you request. 
15. Respond to comments and questions and otherwise to provide support to users. 
16. Allow us to understand and analyze the usage trends and user preferences for improving the Application or Services, and to develop new products, services, features, and functionality. 
17. Contact you for administrative purposes, such as customer service or to send communications, including updates on promotions and events, relating to products and services offered by us or by third parties. 
18. Use cookies and automatically collected information to: (i) personalize our Application or Services, such as remembering information about you so that you will not have to re-enter it during your visit or the next time you visit the Application or Services; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of the Application or Services and third-party marketing activities; (iv) monitor aggregate site usage metrics, such as total number of visitors and pages viewed; and (v) track your entries, submissions, and status in any promotions or other activities on the Application or Services.
19. Use for business purposes, such as audits, security, or compliance with applicable laws and regulations, or to enforce our Terms of Use or other legal rights.

DISCLOSURE OF YOUR INFORMATION

Except as described in this Privacy Policy, we will not disclose information about you that we collect via the Application or Services to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:
- Any information that you voluntarily choose to include in a publicly accessible area of the Application or Services will be available to anyone who has access to that content, including other users. 
- We work with third-party service providers to provide website, application development, hosting, maintenance, and other services for us. These third parties may have access to or process information about you as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.
- We may disclose information about you if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies. 
- We also reserve the right to disclose information about you that we believe, in good faith, is appropriate or necessary to: (i) take precautions against liability; (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity; (iii) investigate and defend ourselves against any third-party claims or allegations; (iv) protect the security or integrity of the Application or Services and any facilities or equipment used to make the Application or Services available; or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
- Information about our users may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
- We may make certain aggregated, automatically-collected, or otherwise non-personal information available to third parties for various purposes, including: (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Application or Services.

Interactions with Your Doctor

If you interact with your doctor via the Application, your doctor may see your name, profile photo, and descriptions of your activity, including your movement, progress, and summarized metrics.

TRACKING TECHNOLOGIES

Camera
When you access the Application, we may use the embedded camera (front-facing camera) in your device to record and collect your exercise scenes as well as generate derivative data (data regarding your physical movement, activities and progress, as well as your interactions with the Application collected automatically on our server) to help customize the Application and improve your experience. 

SECURITY OF YOUR INFORMATION

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Therefore, we cannot and do not guarantee that information about you will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.  
POLICY FOR CHILDREN
Protecting the privacy of young children is especially important. Our Application or Services is a general audience site not directed to children under the age of 18, and we do not knowingly collect personal information from children under the age of 18 without obtaining parental consent. 

OPTIONS REGARDING YOUR INFORMATION

Account Information
You may, of course, decline to share certain information with us, in which case we may not be able to provide to you some of the features and functionality of the Application or Services. You may update, correct, or delete your account information and preferences at any time by accessing your account preferences page in the Application or via Services. 
You may at any time review or change the information in your account or terminate your account by contacting us using the contact information provided below. 
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. Please note that while any changes you make will be reflected in active user databases within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, troubleshoot problems, assist with any investigations, enforce our Terms of Use, comply with legal requirements and legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so. 

Emails and Communications

If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt out from receiving commercial email or other communications from us by sending your request to us using the contract information below or by writing to us at the address given at the end of this Policy. We may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us in user account functionality in the Application or via the Services.
Please be aware that if you opt out of receiving commercial email or communications from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may continue receiving promotional communications from us during that period. Additionally, even after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Application or Services.

Third-Party Services

The Services may contain features or links to websites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Application or Services. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Application or Services. We encourage you to learn about third parties’ privacy and security policies before providing them with information.

International Visitors

The Application or Services is hosted in the United States and is intended for visitors located within the United States. If you choose to use the Application or Services from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Application or Services. By providing any information, including personal information, on or to the Application or Services, you consent to such transfer, storage, and processing. 

CALIFORNIA PRIVACY RIGHTS

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 the Application, you have the right to request removal of unwanted data that you publicly post on the Application. 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 Application, but please be aware that the data may not be completely or comprehensively removed from our systems.

CONTACT US
If you have questions or comments about this Privacy Policy, please contact us at:
contact@vifive.ai
1250 Borregas Avenue, #41, Sunnyvale, CA 94089