Privacy Policy

Last revised: October 4, 2023

Vivid Effective Change Ltd. (“Vivid”, “Company”, “we”, “our” or “us”) respect the privacy of the users (“User(s)” or “you”) and is committed to protect the personal information that its Users share with it. We believe that you have a right to know our practices regarding the information we may collect and use when you use our mobile application (the “App”), our website at www.vivid.me and its subdomains (the “Site”) and/or our Services (as such term is defined in our Terms of Use) . 

Capitalized terms which are not defined herein, shall have the meaning ascribed to them in our Terms of Use at www.vivid.me/terms-of-use (“TOU”), into which this Privacy Policy is incorporated by reference.

  1. Who We Are

Vivid is a registered company in the state of Israel (Reg no. 516667029), having its principal office at Boaz 6, Ramat Hasharon, 4740208. Individuals wishing to contact us about data protection issues may do so by writing to us at the above address or by emailing us at privacy@vivid.me.

  1. Your Acknowledgment of this Policy

This privacy policy (“Privacy Policy”) details how your Personal Information collected via the App and/or the Site is used and processed by Vivid. 

BY ENTERING, CONNECTING TO, ACCESSING OR USING THE APP AND/OR BY ENTERING, ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU ARE OR HAVE HAD THE OPPORTUNITY TO BECOME AWARE OF AND AGREE (IN JURISDICTION WHERE SUCH CONSENT IS REQUIRED) TO THIS PRIVACY POLICY AND VIVID’S PRACTICES DESCRIBED HEREIN, INCLUDING THE PROCESSING (INCLUDING COLLECTING, USING, DISCLOSING, RETAINING OR DISPOSING) OF YOUR PERSONAL INFORMATION UNDER THE TERMS OF THIS POLICY. YOU ALSO ACKNOWLEDGE AND CONFIRM THAT YOU ARE NOT REQUIRED TO PROVIDE US WITH YOUR PERSONAL INFORMATION AND THAT SUCH INFORMATION IS VOLUNTARILY PROVIDED TO US. IF YOU DISAGREE TO ANY TERM PROVIDED HEREIN, YOU MAY NOT DOWNLOAD, INSTALL, ACCESS AND/OR USE THE APP AND/OR THE SITE, AND YOU ARE REQUESTED TO PROMPTLY UNINSTALL THE APP FROM YOUR MOBILE DEVICE.

In case you use the App and/or the Site via an Account or subscription acquired for your benefit by a third party, such as a mental health professional, this Privacy Policy will apply to you and to your use of the App and/or the Site, with necessary changes.

  1. Which information we may collect on our Users? 

We may collect two types of data and information from our Users:

  1. The first type of information is non-identifiable and anonymous information (“Non-personal Information”). We are not aware of the identity of the User from whom we have collected the Non-personal Information. Non-Personal Information is any unconcealed information which does not enable identification of an individual User, and which is available to us while such User is entering and/or using the App and/or the Site and/or installing the App. Non-personal Information which is being gathered consists of technical information, behavioral information and aggregated information, and may contain, among other things, the activity of the User on the App and/or the Site, type of operating system, type of the User’s device and its version, User's ‘click-stream’ on the App and/or the Site, product interaction, type of browser and keyboard features, the hardware specifications of such device (including screen resolution), time spent on various screens of the App and/or the Site, User demographics, traffic patterns, etc. (collectively, “Technical and Behavioral Information”). 
  2. The second type of information is any information that may be used, either alone or in combination with other information, to personally identify an individual (“Personal Information”), including the following: 

Information you provide voluntarily when you use the App and/or the Site

  • Account: Personal Information is collected from the details Users provide in the registration form in order to open an Account on the App and/or the Site, which includes, inter alia, the User's full name, phone number, email address, the reason for using the App and/or the Site, employment status, age, gender and parental status. To this end, we may require additional information from time to time.
  • User's Data: when you use the App and/or the Site, we collect information relating to your interactions with the App and/or the Site, for example action plans that you subscribe to, your achievements and compliance with such plans, your actions, the content you view, ratings and any other information relating to your use of the App and/or the Site, as well as any other information and materials that you input or upload to the App and/or the Site, such as information relating to your mental condition, your behavior and wellbeing, journal entries and messages that you send via the App and/or the Site. Please note that we may use such information to create a profile about you and produce inferences which are used to provide our Services to you (for example, we may base certain recommendations provided via the App and/or the Site on such information, as well as any demographic information that we collect about you).  

Please note: if the Personal Information you provide to us includes information about others, you are fully and solely responsible for providing all necessary information notices to affected data subjects and obtaining any required consents under applicable privacy laws from data subjects for the use, processing, sub-processing and storing of their information in accordance with this Privacy Policy.

  • Demographic Information: as part of your use of the App and/or the Site, we may collect certain demographic information, including your age, gender, workplace, location, employment status, parental status and other relevant information.
  • Communications with Vivid: Personal information you provide to us as part of any communications with Vivid, by any means, including by approaching our customer service (such information may include marketing and communication data that includes your preferences in receiving marketing from us and your communication preferences).
  • Assisting User: we will collect any information included in your communications with your Assisting User, other Users of the App and/or the Site and/or other wellbeing professionals, including information provided to us by them, including information related to your wellbeing, advice and recommendations and information relating to your action plans.
  • Payment: to collect any fees and payments due in connection with your use of the App and/or the Site, you will be required to use certain Online Payment Processors which will require you to fill out a billing form wherein you will be required to provide to such Online Payment Processors certain Personal Information (such as, a credit card number and other related billing information) (see Section 6 below regarding the payment method). We will not store such information on our servers and will only keep token information such Online Payment Processors provide us with. 
  • Our newsletter and other commercial materials: you may voluntarily provide us with your contact details in order to subscribe to our newsletter and to receive commercial materials from Vivid and our partners. 

Personal Information collected via technology

  • IP address: Users of the App and/or the Site may automatically provide their IP address (or MAC Address, as applicable) mainly for enhancing the User’s experience and for geo-location and security purposes as further detailed below. 
  • Geolocation data: during your use of the App and/or the Site, Vivid will access, collect, process, monitor and/or remotely store "geolocation data", including through the collection of Internet Protocol (IP) addresses and other similar information to determine your location for providing our services and for analytics, advertising and security purposes.
  • Identifiers: during your use of the App and/or the Site, we will access, collect, process, monitor and/or remotely store online identifiers, such as Internet Protocol (IP) address, AD-ID or other unique identifiers, for the purpose of providing you with targeted advertising and for statistical and metric purposes. 
  • Technical and Behavioral Information: to the extent that the Technical and Behavioral Information will be linked to or associated with a specific individual then such information will be considered as Personal Information. 
  • Emails - we may use tracking technology within the email we may send you in order to improve interactions with you and to better understand whether our emails were opened and read, and such tracking may include capturing the time and date in which you opened our email messages and the type of device you use to open such emails.

We may cross-reference Personal Information with other Personal Information we have about you and any Non-personal Information connected or linked to or associated with any Personal Information shall be deemed as Personal Information as long as such connection, linkage or association exists. For avoidance of doubt, any Non-Personal Information connected or linked to any Personal Information shall be deemed as Personal Information, as long as such connection or linkage exists.

We do not collect any Personal Information from you or related to you without your approval, which is obtained, inter alia, through your active acceptance of the TOU and the Privacy Policy.

  1. How Do We Collect Information on Our User

There are a few main methods we use to collect Personal Information: 

  • We collect information through your entry, connection, installation, access and/or use of the App and/or the Site. In other words, when you are using the App and/or the Site, we are aware of it and may gather, collect and store the information relating to such usage. 
  • We collect information which you provide us voluntarily. For example, we collect Personal Information when you create an Account.
  • We may collect information from third parties. When you use the App and/or the Site, we may collect Personal Information about you from your other Users, including Assisting Users, including information included in your communications with them.   

We may gather, collect and store such information either independently or through the help of our authorized third-party service providers, as detailed below.

  1. ‍What are the Purposes of the Collection of Information? 

Non-personal Information is collected in order to:   

  • Create statistical information and learn about the preferences of Users and general trends on the App and/or the Site (e.g. understand which features are more popular than others). 
  • We may process Non-Personal Information in order to recognize general trends and preferences that are not tied to any specific individual.
  • Keep the App and/or the Site safe and secured against fraudulent and criminal activity.
  • Enhance the User’s experience while using the App and/or the Site.
  • Share it with private communities' managers within the App and/or the Site for their purposes, including by exporting such information outside the Services.  

Personal Information is collected in order to: 

  • Enable the overall operation of the App and/or the Site.
  • Collection of fees and payments. 
  • Formulating, customizing and enhancing the User's experience on the App and/or the Site.
  • Allow us to contact Users with proposals and tailored information regarding new services, products, events, offers, features, enhancements, special offers, upgrade opportunities, and events of interest etc.
  • Send push notifications to Users. Users of the App and/or the Site can deactivate push notification by changing their settings within our App or by using their web browser/device’s settings.
  • Verify the User's identity when they sign into the App and/or the Site.
  • Be able to contact Users for the purpose of providing them with technical assistance and support. 
  • Keep the App and/or the Site safe and secured and for prevention of fraud and crime.
  • Maintain our data processing records and general administrative purposes.
  • Determine the User’s geo-location to safeguard the App and/or the Site. 
  • Conduct internal operations, including troubleshooting, data analysis, testing, research and statistical purposes, including in order to improve our services. Please note that in general we analyze aggregate data for such purposes, rather than specific user data, however we may need to analyze a specific case to address a specific problem.
  • Comply with our legal obligations and provide us with the ability to protect our rights and legitimate interests.
  • To conduct internal research.

Note to our Users in the EU and UK:

In order for Vivid to process your Personal Information, as detailed herein, such processing must be justified by a "basis" for processing. Please note that the Personal Information processing activities detailed herein may be justified on the basis that:

  • the processing is based on your consent - where you provide us with your consent to process your Personal Information for one or more specific purposes. For instance, before we contact you for electronic marketing purposes, you will be asked to consent to our processing of your Personal Information for this purpose. If you choose not to provide your consent for such processing activities, or if you decide later on to revoke your consent, this will affect our ability to provide you with Vivid's marketing materials;
  • the processing is necessary for performance of a contract to which you are party - generally the Personal Information that your provide to us, or which is otherwise automatically collected when your use the App and/or the Site, will be processed by us as it is necessary to provide services provided via the App and/or the Site to you in accordance with the TOU (which serves as the “contract” for such purposes);
  • the processing is in our legitimate commercial interests - subject to your interests and fundamental rights, processing of Personal Information will take place pursuant to our legitimate interest in offering our Users comfortable, effective and safe access to our App and/or the Site. This shall include the processing of your Personal Information which is collected via technology (as detailed under Section 3 above) in order to personalize the App and/or the Site, assist us in preventing crime and fraud and manage our internal operations. Where we rely on legitimate interests as a lawful basis, we carry out a balancing test to ensure that your interests, rights and freedoms do not override our legitimate interests; and
  • the processing is necessary to comply with a legal obligation - we may process your Personal Information for disclosure of information to authorities and to comply with our legal obligations (e.g., paying taxes).
  1. ‍Payments

We accept certain online payment methods, using our Online Payment Processors, which enable Users to send and receive payments securely online using a credit card or bank account. We may add or change the Online Payment Processors at our sole discretion. Vivid is not affiliated with such Online Payment Processors (for more information see our Terms), as each is an independent contractor, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. The use of the Online Payment Processors is at the User's discretion and sole liability and risk. It is the User's responsibility to abide by all the terms specified by the Online Payment Processors in their terms of use and privacy policies, including but not limited to any age restrictions specified therein. You acknowledge that you are fully assuming the risks of conducting any transactions via the Online Payment Processors.

  1. ‍Sharing Information with Third Parties

We will not disclose, share, rent, or sell your Personal Information with third parties without your explicit consent, except when required by law, regulation, subpoena or court order or in the following cases:

  • Vivid Personnel and Affiliates: Personal Information that we collect and process may be transferred to, or accessed by, personnel of Vivid and its affiliates, for the operation of the App and/or the Site and to contact you for marketing and sales purposes. Please note that all Vivid personnel that will have access to your Personal Information are under an obligation of strict confidentiality with respect to such Personal Information.  
  • Service Providers: Please note that we may collect, hold and/or manage your Personal Information through Vivid's authorized third parties’ vendors of certain products or services (such as, cloud services, (including, as applicable, their affiliates) solely and limited to providing us with such requested services, and not for any other purposes. Such vendors may be located in a country that does not have the same data protection laws as your jurisdiction. For more information regarding our service providers, please see below. 
  • In addition, we may share Personal Information in the following cases: (a) to satisfy any applicable law, regulation, legal process, subpoena or governmental request; (b) to enforce this Privacy Policy, including investigation of potential violations thereof, and to defend against any claims or demands asserted against us by you or on your behalf; (c) to detect, prevent, or otherwise address fraud, security or technical issues; (d) to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; (e) to protect the rights, property, or personal safety of Vivid, its Users or the general public; (f) by virtue of undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of the assets of Vivid, so long as such acquirer maintains the same privacy terms hereunder; or (g) pursuant to your explicit approval prior to the disclosure.

For the avoidance of doubt, we may use Non-personal Information and transfer and disclose it to third parties, such as private communities' managers within the App and/or the Site, including without limitation for statistical, analytical and research purposes and for customization, developing and improvement of the App and/or the Site with our commercial partners, pursuant to commercial terms that we determine in our sole discretion. 

  1. ‍How You Can View, Update or Delete Your Personal Information 

Vivid acknowledges you have the right to access and change the Personal Information we collect and process. You can access, amend and delete your Personal Information, directly through your Account page on the App and/or the Site. If you are unable to independently access your Personal Information, and for any other inquiries relating to the exercise of your rights under applicable privacy laws, please send us an email to: privacy@vivid.me and we will respond within a reasonable timeframe, but in any event no later than permitted by applicable law. 

Note that unless otherwise explicitly specified herein and/or unless you instruct us otherwise we may retain your Personal Information for as long as reasonably required for the purposes of which such Personal Information was collected, all as permitted under any applicable privacy laws. Aggregate and/or anonymous information derived from your use of the App and/or the Site may remain on the Company servers indefinitely. 

Note to our Users in the EU and UK: 

You may have the following rights (by virtue of EU and UK law) in respect of your Personal Information:

  • Right to access: you may have the right to request access to your Personal Information that is held by Vivid. 
  • Right to rectification: if the Personal Information processed by Vivid is incorrect or incomplete, you may have the right to have your Personal Information rectified.
  • Right to erasure: under certain conditions, you may be entitled to require that Vivid deletes your Personal Information (e.g., if the continued processing of those data is not justified).
  • Right to portability: you may have the right to (i) receive the Personal Information concerning you, or (ii) transfer your Personal Information between data controllers (i.e. to transfer your Personal Information to another entity). The right to data portability only applies where your Personal Information is processed by us with your consent or for the performance of a contract and when processing is carried out by automated means. 
  • Right to object to or withdraw consent: where that lawful basis for processing your Personal Information is either "public interest" or "legitimate interests", those lawful bases are not absolute, and you may have a right to object to such processing. Where you object to processing based on our legitimate interests, we shall no longer process your Personal Information unless (i) we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or (ii) for the establishment, exercise or defense of legal claims. If the processing of your Personal Information is based on your consent, you have the right to withdraw your consent to such processing at any time. 
  • The right to restrict processing – under certain circumstances, you may have the right to obtain the restriction of the processing of your Personal Information. 
  • Right to lodge a complaint: you have the right to lodge a complaint before the relevant data protection authority or supervisory authority of your jurisdiction. Contact details of the various EU supervisory authorities can be found at https://edpb.europa.eu/about-edpb/about-edpb/members_en#member-fr. The Information Commissioner’s Office is the UK’s supervisory authority, and can be contacted at https://ico.org.uk/global/contact-us/.  

We may refuse to comply with your request if it is manifestly unfounded, excessive or repetitive in nature.

To exercise these rights, where applicable, please contact us by sending an email to: privacy@vivid.me

  1. ‍Minors

Minors under the age of sixteen (16) are not allowed to use this App and/or the Site. Therefore, The Company does not intend and does not knowingly collect Personal Information from minors under the age of sixteen (16) and does not wish to do so. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of sixteen (16) are not using the App and/or the Site. If we learn that we collected Personal Information from minors under the age of sixteen (16) we will delete that information as quickly as possible. If you have reasons to suspect that the Company collected Personal Information from minors under the age of sixteen (16), please notify us through the means indicated in the “Contact Us” section below, and we will delete that information as quickly as possible.

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  1. ‍Security

We take reasonable measures to maintain the security of our App and/or the Site and your Personal Information and prevent unauthorized access to it or use thereof through generally accepted industry standard technologies and internal procedures. Please note, however, that there are inherent risks in transmission of information over the Internet or other methods of electronic storage and we cannot guarantee that unauthorized access or use of your Personal Information will never occur.    

THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS, HACKING, OR OTHER SECURITY INTRUSIONS OR FAILURE TO STORE OR THE THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA.   

  1. ‍Third Party Service Providers 

We may be using third party software or service in order to collect, host, store and/or process the information detailed herein for the purposes specified herein. Such third parties may be located in countries that do not have the same data protection laws as the laws applied in your jurisdiction. The Company engages with third parties that abide by the same lawful obligations as the Company and that post a privacy policy governing their collection, processing and use of non-personal and personal information. However, the Company does not control such third party service providers. Please read their terms of use and privacy policies to understand their privacy practices.

Such service provider may include, without limitation: 

  • Cloud storage services (for example, Firebase – Google)
  • Analytics services (for example, Google and Mixpanel)
  • Bugs and crashes analytics services (for example, Sentry)
  • Session recordation services (for example, Smartlook)
  • User feedback & support platform (for example, Instabug)
  • Behavioral tracking and analysis services (for example, Behavidence)
  1. ‍International Data Transfer 

We may transfer information collected about you, including Personal Information, to affiliated entities, or to other third party service providers (as provided herein) across borders and from your country or jurisdiction to other countries or jurisdictions around the world, including outside the EEA and/or the UK. Please note that we may transfer such information to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to such transfer of information.

Note to our Users in the EU and UK: 

If you are located in the EU or UK, you have a right to further information regarding the appropriate safeguards used by us when transferring your Personal Information outside of the EU or UK (as applicable).  

In order to keep your Personal Information safe, we apply strict safeguards when transferring it outside of the EU or UK, which may include the following: 

  • Transferring your personal information to countries approved by the European Commission or UK government (as applicable) as having adequate data protection laws, such as Israel; and
  • Entering into standard contracts that have been approved by the European Commission or UK government (as applicable) and which provide an adequate level of protection for your Personal Information in the recipient country.
  1. ‍Links to Third Party Websites 

The App and/or the Site may contain links to third-party websites, applications or services, which permit Users to leave our App and/or the Site and enter non-Vivid services. Most of such linked websites and services provide legal documents, including terms of use and privacy policy governing the use thereof. It is always advisable to read such documents carefully before using those websites and services, inter alia, in order to know what kind of information about you is being collected. The Company is not responsible for the privacy practices or the content of such resources. 

  1. ‍Cookies and Other Tracking Technologies

When you access or use the App and/or the Site, we and/or our third party service providers may use industry-wide technologies such as cookies, web beacons, pixels, clear gifs and other similar tools (or other similar technologies) (collectively, "Cookies"), which store certain local information on your device (“Local Storage”) which may enable us, inter alia, to recognize your device from those of other Users of the App and/or the Site, to improve the App’s and/or the Site's performance, to deliver a better and more personalized service according to the User’s individual interests and the device or browser used, to track Users’ use of the App and/or the Site, to gather information about the Users’ approximate geographic location (e.g. city), to prevent fraud and/or abuse, to estimate our audience size and usage pattern and perform other analytics, to develop our App and/or the Site and to serve targeted advertisements.  

Such information is locally stored in the User’s device. Vivid and/or our authorized third party service providers may access such information. Vivid and/or our authorized third party service providers may use both session cookies and persistent cookies (which stay on the User’s device until he/she deletes them). Such Local Storage used by the App and/or the Site may store non-personal information (such as the different pages viewed by a User within the App and/or the Site) as well as User persistent identifier, which will be collected in accordance with the terms specified herein. 

Most devices will allow you to erase cookies from your device’s hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or erase cookies, your experience of the App and/or the Site may be limited. Please note that unless you block the acceptance of cookies, the App and/or the Site will utilize cookies upon your use of the App and/or the Site. If you want to remove previously stored cookies, you can manually delete the cookies at any time. However, this will not prevent the App and/or the Site from placing further cookies on your device unless and until you adjust your settings as described above.  For detailed instructions regarding the blocking of cookies, please see http://www.allaboutcookies.org/manage-cookies/. 

It is possible to opt-out of having your browsing activity within the App and/or the Site recorded by performance cookies. Please note that we use third parties as our service providers in order to track Users' activities on the App and/or the Site.

You may obtain information about how you can opt out of Google's use of cookies or device identifiers by visiting Google's Ads Settings. You can visit the Internet Advertising Bureau’s consumer advice site at http://www.youronlinechoices.com/uk/your-ad-choices, which will provide you further information, a list of all Cookies that are currently set on your device and instruction on how to opt-out of each of them.

    1. ‍Direct Marketing

    You hereby agree that we may use your contact details for the purpose of informing you of products, services and other updates and new features which may be of interest to you, as well as for sending you other materials to the e-mail address provided by you in the registration process. You may withdraw your consent by following the instructions for removing yourself from the mailing list which are available in the e-mail transmitted to you, or by contacting us as provided in the “Contact Us” section below.

    1. ‍Changes to the Privacy Policy 

    The terms of this Privacy Policy will govern the use of the App and/or the Site and any information collected with respect thereto. The Company reserves the right to change this policy at any time, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the App and/or the Site or we will send you an e-mail regarding such changes to the e-mail address that you may have provided us with. Such substantial changes will take effect seven (7) days after such notice was provided on our App and/or the Site or sent by e-mail, whichever is the earlier. Otherwise, all other changes to this Privacy Policy are effective as of the stated “Last Revised” date and your continued use of the App and/or the Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice. Changes to this Privacy Policy will not be applied retroactively.

    1. ‍Contact Us 

    If you have any questions (or comments) concerning this Privacy Policy, you are most welcome to send us an email to the following address: privacy@vivid.me and we will make an effort to reply within a reasonable timeframe.

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