PRIVACY

Effective Date: October 24, 2016
Viventium Software, Inc. (“Viventium”, “We”, “Our” or “Us”) is committed to complying with this privacy policy (“Privacy Policy”), which describes what information we collect about you, including how we collect it, how we use it, with whom we may share it and what choices you have regarding our use of your information. This Privacy Policy applies to information collected on our websites, including but not limited to: www.viventium.com, and hcm.viventium.com (the “Sites”), the restricted-access portal available on the Sites (the “Portal”) and any mobile applications associated with the Sites or the Portal (the “Mobile Applications”) (collectively, the “System”).

This Privacy Policy is incorporated into and is a part of the terms of use of the System located at www.viventium.com/terms-and-conditions (the “Terms of Use”). By using the System, you agree that you have read and understood all of the terms of this Privacy Policy and the Terms of Use, and in exchange for access to the System, you accept and consent to the privacy practices that are described in this Privacy Policy. If you do not agree with the terms of this Privacy Policy or the Terms of Use, do not use the System or submit any information to us.

INFORMATION WE COLLECT Subsections A-G below describe the various sources where we collected information from or about you. We will refer to this information, including any Personal Information (as defined below), as Collected Information throughout this Privacy Policy.

A. Information we collect when you visit our Sites
When you browse our Sites, we may collect information that you choose to submit. This may include information that can be used to identify you, including but not limited to, your first and last name, date of birth, email address, job title, company information, or other demographic information (“Personal Information”).

B. Information we collect when you use the Portal or the Mobile Application
When you access the Portal or use the Mobile Application you must log in using a user ID and password and you will be required to enter certain Personal Information to gain access. When you use the Portal or Mobile Application we will collect information and feedback that you choose to submit. We may also collect the contents of communications made between you and your employer using the Portal or Mobile Application.
C. Information we collect from you on behalf of your employer to deliver the services
Viventium, acting on behalf of your employer, may request information from you, via the System, in order to process your application for programs offered by your employer. This information may include Personal Information including but not limited to, social security number, date of birth, demographics, financial, bank account, medical and beneficiary information; employment history; and application information.

D. Information we receive from your employer
Viventium may receive Personal Information from our clients about their current, prospective and former employees, as needed to provide services (“Client Information”). This information may include, but is not limited to first and last name, date of birth, email address, job title, company information, social security number, financial, bank account, payroll medical and beneficiary information; employment history and application information.

E. Information we collect automatically
We also collect information automatically regarding how you interact with the System, which may include, without limitation, the pages you view, links you click on or over, the selections you make or the preferences you set, your web browser type and version, the operating system type and version of the device you are using to access the System, the Internet Protocol (IP) address or Media Access Control (MAC) address of the device you are using to access the System, general physical location, Internet service provider, dates and times of your visit, your time zone, the click path taken through the System, device type features, API calls, audit information including date and time of changes made within the system, and information about System or server errors, in addition to any other information collected as further described in the “Cookies and Web Beacons Section” below.

F. Cookies and Web Beacons
A cookie is a small text file that is placed on your hard disk by a website. When you view the System, whether from your computer, tablet or mobile device, we may store some information on the device you use to access the System in the form of a “cookie.” Cookies are used by many websites to give users access to certain functions (e.g., for security purposes, to tailor communications with you, and to facilitate and personalize your experience while navigating the System). The information stored in the cookie can also be used to monitor a user's behavior on the System. You can configure your browser to reject cookies by modifying your browser settings, but if your browser settings do not accept cookies from us, then some functions of our System may not operate as intended and you may not have access to all the services and/or features we may offer.

Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user’s computer hard drive, web beacons are embedded invisibly on web pages (or in email). Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. Web beacons may be used to measure the effectiveness of our System and advertising in certain ways, such as by counting the number of individuals who visit our System or open and act upon an email message. You can make some web beacons unusable by rejecting cookies.

We also utilize Google Analytics, a web analysis service provided by Google, in order to better understand your use of our System. Google Analytics collects information such as how often users visit the System, what pages they visit and what other sites they used prior to visiting. Google uses the data collected to track and examine the use of the System, to prepare reports on its activities and share them with other Google services. Google may use the data collected on the System to contextualize and personalize the ads of its own advertising network. Google’s ability to use and share information collected by Google Analytics about your visits to the System is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. Google offers an opt-out mechanism for the web available here.

G. Local Storage Objects (LSOs)
We may also use Local Storage Objects (LSOs) such as HTML5 on the System to store content information and preferences. Various browsers may offer their own management tools for removing HTML5 LSOs.

HOW WE USE COLLECTED INFORMATION
We may use the Collected Information to:
  • Provide the services, products and offerings that you request, and to communicate with you regarding such services, products and offerings
  • Research, develop, manage, protect and improve our System, products and services
  • Market our services, products and offerings to you; including providing you with information on products, services, special deals, surveys or newsletters in connection with a product or service about which you previously inquired, or about a product or service that we think you might be interested in
  • Personalize and enhance your online experience
  • Improve the System's content, materials, and services
  • Prevent or address service or technical problems
  • Comply with legal, reporting and regulatory requirements
  • To analyze data or to have a third party do so on our behalf
  • To backup data for internal purposes such as auditing, data analysis, and troubleshooting
  • Combine the Collected Information with other information

Viventium will use Client Information only as instructed or permitted by our client (the employer) for the purpose of providing the service for which the client has engaged Viventium.

INFORMATION WE SHARE WITH OTHERS
We do not share Collected Information with any third parties, except as provided below.

We may share Collected Information to provide the System, to provide the services that you or your employer have requested and to properly and efficiently handle duties related to your account. We may also share Collected Information with:
  • Your employer and certain employer-designated employees
  • Third parties to provide information about products and services that may be of interest to you
  • Government agencies to fulfill legal, reporting and regulatory requirements
  • Attorneys, accountants and auditors
  • Our employees, affiliated companies, subsidiaries, agents and third party vendors and service providers to provide the System, perform the services that you or your employer have requested, offer additional services, perform analytics, provide mapping services, perform analysis to determine qualification to receive future services or collect amounts due
  • Other third parties as you or your employer so authorize

Viventium may share Client Information with our affiliates subsidiaries, agents and third party vendors and service providers to provide the services that our Client (the employer) or you have requested. We may also share Client Information as otherwise instructed or permitted by our client. Where instructed by client, we may share Client Information with:
  • Banking and brokerage firms to complete payroll processing and securities transactions
  • Credit bureaus and similar organizations, law enforcement or government officials
  • Credit reporting agencies to supply vendor references on client’s behalf

We reserve the right to disclose any Collected Information, including Client Information and Personal Information, if we are required to do so by law, treaty, regulation, subpoena, court order, or by a government entity. We also may disclose the Collected Information to third parties if we have reason to believe that disclosing such information is necessary to conduct investigations of possible breaches of law, to cooperate in any legal investigation, or to identify, contact, or bring legal action against someone who may be violating the terms of use of our System. We reserve the right to transfer the Collected Information, including Client Information and Personal Information, in connection with a sale, merger, consolidation, change in control, transfer of assets, reorganization or liquidation of our business.

UPLOADING CONTENT
You are solely responsible for the information and other content you provide on or through our System. You agree and warrant that any and all of the information you provide including Personal Information is true and correct, and you agree to indemnify, defend and hold harmless Viventium from and against any claim, liability, cost and expense arising in connection with your provision of such information.

YOUR CHOICES
Promotional email we send to you will contain a link which will allow you to opt out of receiving further correspondence. You may also update your communication preferences in the Portal or Mobile Application. However, we may continue to send you service-related announcements, announcements about changes in policies, and transactional email from time to time through the general operation of the System or by email.

You may correct or modify the Personal Information you provide to us by updating your information using the Portal or Mobile Application or by contacting us at privacy@viventium.com. You may choose not to provide certain pieces of information requested by us, but failure to do so may prevent you from making full use of the features, products and/or services we offer. To access, correct or amend, information provided to Viventium by your employer, please direct your request to your employer.

In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the System. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.

YOUR CALIFORNIA PRIVACY RIGHTS
Pursuant to Section 1798.83 of the California Civil Code (the “Shine the Light Law”), residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information in the immediately preceding calendar year. To access this information, write to privacy@viventium.com. Viventium will endeavor to respond to such requests within a reasonable time by providing a report that includes the information required by applicable law. Please be advised that Viventium is not required to respond to requests from any individual resident under the Shine the Light Law more frequently than once per calendar year.

DO NOT TRACK REQUESTS
California and Delaware law require Viventium to indicate whether it honors “Do Not Track” settings in your browser concerning targeted advertising. Viventium adheres to the standards set out in this Privacy Policy and does not monitor or follow any Do Not Track browser requests.

LINKS AND THIRD-PARTY CONTENT
Our System may contain links (embedded or direct) to other sites and to content or videos on the Internet which are maintained by third parties and not under the control of Viventium. You acknowledge that we are not responsible for the accuracy or any other aspect of the content or sites that we do not operate or control. Your accessing the links and third-party content is at your own risk and subject to the applicable privacy policies and terms and conditions of such third parties. We encourage our users to be aware when they leave our System and to read the privacy statements of each website to which we may link that may collect personal information.

PROTECTING YOUR INFORMATION
We take commercially reasonable measures to secure and protect information transmitted via or stored on the System. However, no security system is impenetrable and we cannot guarantee that you submit will be totally secure. You agree to notify us immediately of any breach of the System’s security of which you become aware.

CHILDREN
The System is intended for review and use by employers, employees, human resources personnel, and other general audience parties, and we do not anticipate or invite any traffic from any individual under the age of 18. The System is not intended for use by children under the age of 13. We do not knowingly collect any information from children under the age of 13 through the System. If you are under 13, you must ask your parent or guardian to assist you in using the System.

VISITING THE SYSTEM FROM OUTSIDE THE UNITED STATES
If you are visiting the System, or any part thereof, from outside of the United States of America, please be aware that your information may be transferred to, stored or processed in the United States, where our servers are located and our central database is operated. By using any portion of the System, you understand and consent to the transfer of your information to our facilities in the United States and those third parties with whom we share it as described in this Privacy Policy.

NOTIFICATIONS OF CHANGES
We reserve the right to change or replace this Privacy Policy at our sole discretion at any time. When we do, we will revise the “Last Updated” date at the bottom of this Privacy Policy. Such changes, modifications, additions, or deletions shall be effective immediately upon posting unless otherwise indicated. Your continued use of any of our System after changes are posted will be deemed to constitute your agreement to and acceptance of such changes. The most current version of the Privacy Policy will govern our use of your information.

QUESTIONS
We welcome your questions and comments about our Privacy Policy. To report a known or suspected privacy or security breach or to submit privacy or security-related questions or complaints, please contact us either by email at privacy@viventium.com.

If you are a client’s employee and have questions about your privacy rights, please contact your employer’s human resources department.

ACKNOWLEDGEMENT
BY ACCESSING OR USING THE SYSTEM, OR ANY PORTION THEREOF, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO THE PRIVACY POLICY, AND TO THE USES AND DISCLOSURES OF INFORMATION COLLECTED ABOUT YOU, THAT ARE DESCRIBED IN THIS PRIVACY POLICY AND YOU AGREE TO BE BOUND BY THE TERMS OF USE REFERENCED ABOVE.

Last Updated: October 24, 2016
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