Vivere Global Privacy Policy

1.

Introduction

1.1.

The present Terms and Conditions shall apply to the collection, processing, storage and protection of customer data by Vivere Ltd ("lVivere"). The customer data is protected by the Data Protection Laws and is either collected directly from the customer or indirectly from other sources. This document sets out our privacy policy (our "Privacy Policy").

1.2.

If you use our services, you consent to the collection, use, sharing, processing and storage of your Customer Data in terms of our Privacy Policy and, furthermore, you agree to our Vivere terms. Any customer data so collected shall be used, protected, processed and stored in strict compliance with the Data Protection Laws. Vivere will only use the customer data for a legitimate purpose and in the discharge of its service to its customers and shall ensure to keep all customer data safe and private. We take great care (and follow best practices) in protecting your personal information and keeping it confidential.

2.

Policy

Please take the time to read and understand this Privacy Policy to know how we collect and use your information. This Policy contains vital information about the Personal Information that Vivere processes while you use our website. For the terms governing your use of the website, please refer to our Terms and Conditions. If there are any changes to our data processing practices or to this Policy, we will make the updated version available on our website at vivere.world. This updated version will apply to your use of the website from the date of publication. By agreeing to this Policy, you consent to Vivere processing your Personal Information, limited to the purposes outlined in this Policy, including providing You with access to the Website and its content, in accordance with the terms of this Policy, Data Protection Laws and other any Applicable laws.

3.

Definition and Interpretation

3.1.

Interpretation

3.1.1.

The headings contained in this Privacy Policy are for convenience and reference purposes only.

3.1.2.

The use of the masculine shall include the feminine and vice versa and the use of the singular shall include the plural.

3.2.

Definitions

For the purposes of the present Terms & Conditions, the following definitions shall apply:

3.2.1.

"lApplicable Law" means all national or international (where applicable) statutes, laws, ordinances, rules and regulations, including but not limited to any license, permit or other governmental authorisation imposing liability or setting standards of conduct concerning any environmental, social, labour, health and safety or security risks pertaining to this Policy;

3.2.2.

"lCustomer" means any individual with which Vivere Ltd has a business relationship;

3.2.3.

"lCustomer Data" means any information relating to a Customer, including amongst others:

3.2.3.1.

Customer identification data e.g., name, e-mail, postal address, telephone number, country of residence, passport scan and number, national identity card scan and number, tax identification number or other assignment to the person;

3.2.3.2.

personal characteristics e.g., Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language;

3.2.3.3.

date of birth, marital status;

3.2.3.4.

Information relating to the medical, financial, criminal, or employment history of the person;

3.2.3.5.

employment and occupation e.g., employer, function, title, place of work;

3.2.3.6.

academic/study information;

3.2.3.7.

The biometric information of the person;

3.2.3.8.

family information;

3.2.3.9.

banking/non-banking and financial data e.g. financial identification, financial situation (including loans, assets, expenses, etc.), risk profile, investment objectives and preferences;

3.2.3.10.

investment appetite and risk profile;

3.2.3.11.

electronic identification data e.g., IP addresses, cookies;

3.2.3.12.

data received in the context of the performance of an agreement e.g., account positions and transactions, power of attorneys;

3.2.3.13.

related data; and

3.2.3.14.

images, sounds and communications e.g., surveillance camera footage, telephone recordings, exchange of letters/emails with the Customer.

3.2.4.

"lConsent" means any freely given specific, informed and unambiguous indication of the wishes of a Customer, either by a statement or a clear affirmative action, by which he signifies his agreement to Customer Data relating to him, being processed;

3.2.5.

"lData Protection Laws" means any and all applicable worldwide legislation relating to data protection, privacy, data security and Personal Data applicable to a Party when Processing Personal Data under this Agreement and shall include but not limited to: Data Protection Act 2017 of Mauritius, any regulations, and other subsidiary enactments issued thereunder including any applicable guidelines or practice (or similar documents) by the Local Data Protection Office;

3.2.6.

"lVivere" means Vivere Ltd together with its future subsidiaries, associates and affiliates in Mauritius or in foreign countries;

3.2.7.

"lLegitimate Interest" means the business or commercial reason for Vivere to use and Process the Customer Data;

3.2.8.

"lProcessing" means an operation performed on customer data whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. The word "lProcessed" shall be construed accordingly;

3.2.9.

"lProfiling" means any form of automated processing of customer data consisting of the use of personal data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that individual’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;

3.2.10.

"lThird Party" means a person other than the customer or Vivere Ltd; and

3.2.11.

"lWebsite" means the Vivere website hosted at vivere.world.

4.

Our services

We obtain from you such of your personal information as is necessary to provide you with the Services (as described in our Vivere terms and conditions). The personal information is processed and kept secure by Vivere in a completely automated/electronic environment.

5.

How we collect your personal information

Information on our site is only collected through the contact us field which may require you to include your email address, name and contact phone number.

6.

How we use your personal information

6.1.

We use your Personal Information to enable us to render our services to you and to fulfil our contractual obligations to you under the Vivere terms and conditions, including confirming and verifying your identity/information with third party service providers.

6.2.

We may contact you through our service or through e-mail, mobile phone, notices posted on the Vivere Website and/or the Vivere App, messages to your account, push notifications or any other effective way, which may be service-related announcements or technical notices. You cannot opt-out of receiving these communications from us.

6.3.

Advertisements of our partners may be placed on the Vivere Website, the Vivere App or otherwise through our service. We do not share your Personal Information with any third party advertisers or advertisement networks. However, if you view or click on an advertisement on the Vivere Website or the Vivere App, the advertisement provider will get a signal that someone visited the page that displayed the advertisement, and they may, through the use of mechanisms (such as cookies), establish certain information about you.

6.4.

Support requests and user feedback is stored by us for record-keeping and quality assurance purposes. Should you wish to provide feedback, lodge a complaint or querie, or request technical support, please contact our call centre. This information also facilitates the resolution of similar issues and allows us to improve our overall service to our subscribers and customers.

7.

How we share your personal information

The use of third-party service providers may be used to, amongst other things, verify the authenticity and validity of information supplied by you. The relationships between us and all third party service providers are strictly protected and regulated by contracts. All data protection policies of third party service providers are reviewed by us regularly. We will only share the minimum information that is required by third party service providers to validate and verify your information.

8.

How we process and store your personal information

8.1.

Your Personal Information will only be used for the purposes for which it is intended and will not be used for any purpose other than what is required to provide our services. We store your Personal Information in our information repository while your account is in existence or as needed to provide you with our services.

8.2.

Vivere will keep Customer Data of its Customers for as long as the person remains a customer of Vivere. Vivere shall also store Customer Data after completion of relevant transactions, closure of account(s), termination of the business relationship (for whatever cause) for legal, regulatory, research or statistical purposes and such other legitimate reasons.

9.

How we protect your personal information

9.1.

There are security safeguards designed to protect your Personal Information and we regularly monitor our systems for possible vulnerabilities and attacks. We use secure socket layer (SSL) technology to encrypt the personal information that you send to us.

9.2.

Despite our utmost efforts and continued upgrading of systems and firewalls, we cannot, warrant the security of any information that you send us. There is no guarantee that your personal information will not be accessed, disclosed, altered, or destroyed by breach of any of our physical or technical barriers/safeguards.

10.

Legal Disclosures

10.1.

It is possible that we will need to disclose your Personal Information when required by law, subpoena, or other legal process, or if the Mauritius Data Protection Office (DPO) is satisfied that –

10.1.1.

the public interest in the disclosure outweighs, to a substantial degree, the interference that the disclosure will cause to your privacy; or

10.1.2.

the disclosure involves a clear benefit to you that outweighs, to a substantial degree, any interference that the disclosure will cause to your privacy.

10.2.

We may also need to disclose your personal information to –

10.2.1.

enforce the Vivere terms,

10.2.2.

investigate and defend ourselves against any third party claims or allegations,

10.2.3.

protect the security or integrity of our service; or

10.2.4.

exercise or protect the rights and safety of Vivere and/or our customers.

10.3.

We will attempt to notify you about any legal demands for the disclosure of your personal information when appropriate, unless it is prohibited by law or court order, or when the request is an emergency. We may dispute legal demands when we believe, in our sole discretion, that the requests are vague or lack authenticity and/or proper authority. However, we do not promise to challenge every demand.

11.

Changes to our Privacy Policy

11.1.

We reserve the right to amend/change our Privacy Policy at any time. If we make material changes to our Privacy Policy, we will provide notice thereof to you through our service (or by e-mail, mobile phone or by any other effective means) to provide you with the opportunity to review the amendment/change before it becomes effective.

11.2.

You acknowledge that your continued use of our services after we publish or send a notice about the amendment/change to our Privacy Policy means that the collection, use, sharing, processing and storage of your Personal Information is and will be subject to our updated Privacy Policy.

12.

How we use Cookies

We consciously refrain from using tracking, marketing, or any other commercial cookies. We call it our "lNo Cookie Policy".

13.

Retention and deletion of Your Personal Information

Vivere will not retain your Personal Information longer than is necessary for the purpose for which it was initially collected or subsequently processed unless required by law. If You request it, Vivere will delete or anonymize your Personal Information so that it no longer identifies you, unless we are legally allowed or required to maintain certain personal data for specific purposes.

14.

Security

Vivere is committed to protecting your Personal Information and implements appropriate technical and organizational measures to maintain its security and integrity.

15.

Transfer of Your Personal Information

In certain instances, we may subcontract the hosting of data, including your Personal Information, to third-party entities located globally. To ensure the continued protection of your Personal Information, we always establish standard contractual clauses with these parties aligned to Data Protection Laws, thereby guaranteeing its security.

16.

Links to other websites

We recommend you read through the privacy policy of any website you visit via a link on the Vivere Website or the Vivere App, as sharing your personal information on any other sites will be governed by their privacy policies (not ours). We are not responsible for the privacy policies of other entities. Our Privacy Policy applies solely to your personal information collected via the Vivere Website and/or the Vivere App and processed and stored by us.

17.

Personal Information of Children

Vivere does not knowingly collect Personal Information from individuals under 18 years of age. If You are under 18 years old, we kindly ask you not to use our website and avoid providing any Personal Information to us. If you are a parent or guardian and learn that your child has provided personal data to Vivere, please contact us using the information provided in the "Contact us" section of this Policy. You may also request the exercise of your applicable rights as detailed in the ‘Your Rights’ paragraph 14 of this Policy. In the event that we inadvertently collect the Personal Information of a child under the age of 18 years, we will take immediate and reasonable steps to promptly delete such information from our records.

18.

Disclaimer

18.1.

Whilst we will do all things reasonably necessary to protect your personal information, we cannot guarantee or accept any liability whatsoever for any unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

18.2.

If you disclose your personal information to a third party, such as an entity which operates a website or app linked to the Vivere Website or the Vivere App, or anyone other than us, we will not be liable for any loss or damage suffered by you as a result of the disclosure of such information to the third party concerned. You should always ensure that you read the privacy policy of any third party.

19.

Contact information

19.1.

Under the prevailing Data Protection Laws, the Customer has the right to lodge a complaint regarding the processing of Customer Data.

19.2.

If you have any questions, complaints, or objections regarding this Privacy Policy, please refer to the "Contact us" section of the Vivere website or Vivere App and share same with us.