Effective: September 30, 2022

This Privacy Policy describes how Vivid Panel (“Vivid Panel,” “we,” “our,” or “us”) collects, uses, discloses, and otherwise processes personal information about you related to your access or use of WWW.VPCOMIX.COM, and other sites or applications, including mobile applications, owned and operated by Vivid Panel (each individually a “Site” and collectively the ”Sites”). Vivid Panel does not intend to collect any personal information from children under 16 unless such collection is permitted by law. Your use of the Sites, including any dispute concerning privacy, is subject to this Privacy Policy and Vivid Panel’s Terms and Conditions of Use and any other policies on the applicable Site (collectively the “Terms”). We reserve the right to modify this Privacy Policy at any time.  If we make changes to this policy, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our website homepage or sending you a notification).

1. WHAT DOES THIS PRIVACY POLICY COVER?

This policy covers the treatment and use of information that is collected by Vivid Panel through your use of the Sites.

This policy does not cover information that may or may not be collected by companies or websites that Vivid Panel does not own or control. This policy also does not guide or control the behavior of individuals not employed by Vivid Panel. For some Sites, products and services, third parties may host the Site or portions of the Site and collect order information, contact information and necessary financial information to process orders or subscriptions related to such products and services. Please see the privacy policies and terms of conditions on such websites for more information about how your information is protected or shared on such websites. Any information that is received by Vivid Panel from such websites shall be treated in accordance with this Privacy Policy.

2. WHAT INFORMATION IS COLLECTED?

Our Sites collect various information about you, including information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. In particular, the Site will collect the following categories of information:

Category	Examples
(A) Identifiers	A real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
(B) Personally identifiable information	A name, address, telephone number, email address, social security number, EIN, credit or debit card number or any other business or financial information. Some information included in this category may overlap with other categories.
(C) Commercial information	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
(D) Internet or other similar network activity	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
(E) Geolocation data	Physical location or movements.

 

Vivid Panel does not collect information that consists of:

1. 1. Protected classification characteristics such as race, color, ancestry, national origin, or similar immutable characteristics.  (WE MAY COLLECT RACE/COLOR FOR MARKETING/ SEGMENTING PURPOSES)
2. 2. Biometric information such as genetic, physiological, behavioral, and biological characteristics.
3. 3. Sensory data such as audio, electronic, visual, thermal, olfactory, or similar information.
4. 4. Professional or employment-related information from consumers other than applicants, employees, business owners, directors, officers, medical staff, or contractors of Vivid Panel.
5. 5. Non-public education information.

Vivid Panel obtains the categories of information listed in the table above from the following categories of sources:

1. 1. Directly from you. For example, from forms you complete or products and services you purchase.

2. 2. Indirectly from you. For example, from observing your actions on our Sites.

3. 3. Social media companies when you link your account to our Sites.

Please note that your personal information does not include (A) publicly available information from government records or (B) de-identified or aggregated consumer information.

3. HOW IS MY INFORMATION COLLECTED?

We collect certain information when you register or provide us your information on the Sites. We may ask you to register and/or provide information when you visit certain areas of our Sites, register for services, order products, enter contests, subscribe to a newsletter, or other communication. If you choose not to register, you may not have access to areas that require registration. We may receive information, including information about you from other sources, such as publicly available sources, if you log in through social media platforms or other third-party data providers, such as analytics, audience identification, and demographics providers, and combine that with information we receive from you.

The Sites, and any messages sent from Vivid Panel, may contain code that enables our database and servers to better understand how you use the Sites, including whether a message was opened and/or what links (if any) were clicked. We may combine that information with other information we have about you and may use that information to improve your experience and/or provide customized messages to you.  Vivid Panel may also use other technologies to verify and track your use of certain products and services, confirm receipt of certain products or to test the integrity of our systems, products and services.

We use different technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve our Sites and your experience, see which areas and features of our Sites are popular, and count visits. Web beacons are electronic images that may be used on our Sites or emails and help deliver cookies, count visits, and understand usage and campaign effectiveness. Your browser has options to accept, reject, or provide you with notice when a cookie is sent. Please be aware that disabling or revoking consent to the use of cookies may impact your ability to fully utilize the Sites. Please see the section below entitled “Cookies” for more information about how to opt out of cookies on the Sites.

4. HOW IS MY INFORMATION USED BY VIVID PANEL?

Vivid Panel may use or disclose the information we collect for one or more of the following purposes:

1. 1. To fulfill or meet the reason you provided the information. For example, if you share your name and contact information or ask a question about our products or services, we will use that information to respond to your inquiry. If you provide your information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders;

2. 2. To process purchases, transactions, and payments;

3. 3. To attempt to detect and reduce fraud, credit risk, and other illegal activities or threats to the safety, security, or integrity of the Sites;

4. 4. To provide, support, personalize, and develop our Sites, products, and services;

5. 5. To personalize your experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Sites, third-party sites, and via email or text message (with your consent, where required by law);

6. 6. To provide a seamless experience across multiple devices, platforms or browsers for each user;

7. 7. To create, maintain, customize, and secure your account with us as well as provide certain premium content services or products subject to a subscription agreement or registration;

8. 8. To send periodic messages, via mobile, twitter, email, or other platforms, with content updates, subscription information, and order information;

9. 9. To offer special contests or promotions that are sponsored by Vivid Panel or another company;

10. 10. To provide the publisher with form 1099 for tax purposes;

11. 11. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;

12. 12. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Vivid Panel’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Vivid Panel about our Sites’ users is among the assets transferred; and

13. 13. To fulfill or complete any other purpose or function described to you when collecting your information.

5. WHO DOES VIVID PANEL SHARE INFORMATION WITH?

Subject to applicable law, we share your information with our affiliates, suppliers, vendors, and/or their agents and employees for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. As examples, we may share your personal information or other data (A) with third parties assisting us in the provision, administration, and management of goods and services generally; (B) with third parties that assist us in providing goods and services that you request; (C) with third parties that support our business operations or provide marketing or advertising services on our behalf, including marketing, technical, accounting, legal or other professionals; and (D) with the IRS for tax accounting purposes or as otherwise required or permitted by law or approved by you. We may use your information for our general business operations and goods and services provided by us if it is in a form that is not capable of being personally identified with you (including hashed email addresses as described below or other persistent identifiers) or if it is combined with information from one or more other customers in aggregate form that does not personally identify any particular customer.  We may also sell, license or otherwise provide such de-identified or aggregated data to third parties.

As we develop our business, we may buy or sell assets, and, depending upon the transaction, your information may be one of the transferred assets. In the event that Vivid Panel or any Site is acquired by another company, your information may be part of the assets transferred to the acquiring party.

6. WHAT ARE MY OPTIONS TO CONTROL THE USE OF MY INFORMATION?

We will not discriminate against you for exercising any of the rights provided below.

Promotional Communications Opt-Out

We may email you with information about other products and services of Vivid Panel, including information about selected third parties. If you do not want to receive such promotional communications from Vivid Panel, you may decline to receive those email messages by opting out when you receive such a communication, sign-up, register, or from within your account, as applicable. However, we may still communicate with you by email if such email communication is for the purpose of corresponding with you regarding products or services you have requested, related to protecting your interests, including any information, property, or other data, or to provide you with any notification or disclosure that may be required by applicable law or this Privacy Policy. Accordingly, you agree that all communications, disclosures, and notices sent to you by email satisfy any requirement that notice be provided in writing.

Location Sharing Opt-Out

You may opt-out of allowing us to have any access to your precise location data by disabling your device’s location detection functionality or GPS or, if possible on your device, disabling permission for our Sites to access such location detection functionality or GPS.

Access to Specific Information and Data Portability Rights

If you are a California resident, you may request that Vivid Panel disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will, to the extent required by applicable law, disclose specific information about what information we have collected, the sources we collected information from, our business purpose in collecting information, who we shared information with, the specific pieces of information we collected about you (also called a data portability request), and any sales or disclosures for a business purpose of your information.

Deletion Request Rights

If you are a California resident, you may request that Vivid Panel delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is permitted under applicable law. You should also be aware that deleting certain information may impact your ability to receive certain services from Vivid Panel including newsletters, accounts, subscriptions, etc.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above as permitted under state law, please submit a verifiable consumer request to us by either:

1. Calling us at (475) 212 -5497

2. Emailing us at SUPPORT@VPCOMIX.COM

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: (A) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and (B) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days. If we require more time, we will inform you of the reason and extension period in writing. If applicable, any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.  We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.

7. TRANSFER OF INFORMATION TO THE UNITED STATES

The Sites are based in the United States, and are directed to U.S. residents, and we process and store information in the U.S. If you are located outside the U.S., we and our service providers may transfer your information to, or store or access to your information in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction.

8. CHILDREN’S PERSONAL INFORMATION

The Sites are general audience sites and are not directed to children under the age of 13. Vivid Panel assumes products and services purchased by credit card are purchased by adults. Vivid Panel respects the privacy of parents and children and is committed to complying with the Children’s Online Privacy Protection Act (“COPPA”) and applicable state law. On those areas of the Sites that ask for age, Vivid Panel does not collect personal information from individuals who identify themselves as under the age of 16 except in those limited circumstances where Vivid Panel believes that such collection is permitted under COPPA and other applicable law.

If a parent believes that his or her child has submitted personal information to Vivid Panel, he or she can contact us via email or postal mail as listed below. Vivid Panel will promptly delete the information upon learning that it relates to a child under the age of 13.

9. VIVID PANEL’S DATA SECURITY DISCLAIMER.

We do not provide any guarantee or warranty by us that your information will not be accessed or compromised by third parties, or that we will use all available security technologies to prevent unauthorized access to, use, or disclosure of your personally identifying information; or that your information will be transmitted without unauthorized interception or modification.  We may permanently delete or destroy any and all information at any time as determined by us.

10. EUROPEAN UNION / GENERAL DATA PROTECTION REGULATION (“GDPR”)

If you are located within the European Economic Area (“EEA”) or within another jurisdiction having similar data protection laws to the GDPR, Vivid Panel provides such users with the following rights:

1. 1. the right to be told how we use your information and with access to your information;

2. 2. the right to have your information rectified or erased or to place restrictions on processing your information;

3. 3. the right to object to the processing of your information (e.g., for direct marketing purposes);

4. 4. the right to have information you directly provided to us provided to you in a structured, commonly used, and machine-readable format;

5. 5. wherein the processing of your information is based on your consent, the right to withdraw that consent subject to legal or contractual restrictions;

6. 6. the right to object to any decisions that have significant legal effect based on the automated processing of your information, including profiling; and

7. 7. the right to lodge a complaint with the supervisory authority responsible for data protection matters.

If we hold any information about you that is incorrect, or if there are any changes to your details, please let us know so that we can keep our records accurate and up-to-date. If you withdraw your consent to the use of your information for purposes set out in our Privacy Policy, we may not be able to provide you with access to all or parts of the Sites. We will retain your information for the duration of our business relationship and afterward for as long as is necessary and relevant for our legitimate business purposes, in accordance with our data retention, marking and destruction policy, or as otherwise permitted by applicable laws and regulations.

Certain data protection laws require us to rely on one or more lawful grounds to process your personal information. We consider the following grounds to be relevant:

1. 1. Consent: Wherein you have provided consent in accordance with applicable law to us using your personal information in a certain way, such as to send you email, text, and/or telephone marketing.

2. 2. Performance of a contract: Wherein we are entering into a contract with you or performing our obligations under it, such as when you buy products and services through the Sites.

3. 3. Legal obligation: Where necessary so that we can comply with a legal or regulatory obligation to which we are subject, for example where we are ordered by a court or regulatory authority.

4. 4. Legitimate interests: Wherein it is reasonably necessary to achieve our or others’ legitimate interests (as long as what the information is used for is fair and does not unduly impact your rights). We consider our legitimate interests to be operating the Sites and facilitating the services we provide to users. For example, to:

a)       understand how people choose/use our services and products;

b)      determine the effectiveness of our services, promotional campaigns, and advertising;

c)       monitor whom we deal with to protect against fraud, money laundering, and other risks;

d)      enhance, modify, personalize, or otherwise improve our services / communications for the benefit of our customers; and

e)      better understand how people interact with the Sites.

When we process your personal information in this way, we consider and balance any potential impact on you (both positive and negative) and your rights under data protection laws. We will not use your personal information where our interests are overridden by the impact on you.

Due to the nature and location of our business in the United States, your personal data will be disclosed to Vivid Panel and others as outlined herein outside of the EEA, including in the United States. It may also be processed by our employees or suppliers operating outside the EEA.

If you are in the EEA, we provide adequate protection for the transfer of your personal data to countries outside of the EEA through a series of intercompany agreements based on the Standard Contractual Clauses authorized under EU law or equivalent measures. A copy of the Standard Contractual Clauses is available here: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en.

11. HOW DO I UPDATE MY INFORMATION?

You can help Vivid Panel maintain the accuracy of your profile by notifying us when you change your address, phone number, email address, or other information. If at any time you wish to update your information then contact us or edit the information within your account, if applicable. Please include your old and new contact information in any message so that we can make the appropriate corrections.

12. COOKIES, ADVERTISEMENTS AND THIRD PARTY WEBSITES

The Sites may contain links to other websites. We are not responsible for the privacy practices or the content of such websites. We may allow third-party advertisers to place ads on the Sites. These third-party advertisers may use cookies or similar technologies to help present the advertisements to you or to help measure the effectiveness of their advertisements. Some advertisers may use cookies or other tracking technologies to serve ads based on your visits to the Sites and other websites on the Internet. The use of such technologies is subject to the privacy policies of the third-party advertisers and is not covered by this Privacy Policy. As a result, if you respond to any such third-party advertisers by clicking on the advertisements and/or visiting their websites or the websites of any other third party, be sure you evaluate their privacy policies before providing them with any of your information. To opt out of a third party’s use of cookies, you must visit such third party’s website and follow its specified opt-out procedures. For example, we use Google Ad Manager (DoubleClick) product on our Sites. You can learn more about Google, and how they use your data by visiting http://www.google.com/intl/en/policies/privacy/partners/. You may opt out of Google’s use of the DoubleClick cookie by visiting the Google Advertising Policies and Principles page at http://www.google.com/policies/privacy/ads/. You can also opt out of some, but not all, third-party advertiser cookies by visiting the Network Advertising Initiative opt-out website, located at https://thenai.org/opt-out/browser-opt-out/, or by visiting the Digital Advertising Alliance (DAA) at https://optout.aboutads.info/. You may block all cookies by following the instructions applicable to your browser at https://www.aboutcookies.org/how-to-manage-and-delete-cookies.

In addition, we may provide one-way secured (or “hashed”) versions of your email address or similar identifying information to certain third parties to provide more relevant and customized experiences and advertising to you as you browse the Sites or other third-party websites. This hashed version of your email address is a text string that uniquely identifies your email address but which is designed to prevent reverse engineering so that a third party should be unable to utilize the actual underlying email address and merely identify you as a unique user across devices, sessions, and browsers if you provide the same identifying information. If you provide a third party’s website with the same identifying information and that third party utilizes the same method of hashing, it is possible that the third party could match information obtained from us and combine it with information that you provide to the third-party website. For example, we may use ALC’s advertising services to provide you with more customized advertising by providing them with a one-way hashed version of your email address. You can learn more about how they process information, including information you submit to them directly, and about how to opt out of their targeted services by visiting https://optoutpreference.org/.

14. CONTACTING VIVID PANEL

Please address comments or questions regarding the Privacy Policy via email or postal mail.

Postal address: 680 MAIN ST STAMFORD CT, 06901

Email:SUPPORT@VPCOMIX.COM