VIVAVALET TERMS OF USE

Last Updated: December 20, 2024

VivaValet is committed to protecting your privacy and, for that reason, we have adopted this Privacy Policy to explain our data collection, use, and disclosure practices for the VivaValet mobile app, and website located at https://www.vivavalet.com (collectively, the “Platform”). The Platform is owned and operated by VivaValet, Inc. (“VivaValet”, “we”, “us” or “our”).

This Privacy Policy applies solely to information VivaValet collects through the Platform, as well as other information provided to us online or offline by third parties when we associate that information with users of the Platform (but not to information collected from our employees, contractors, or vendors). Certain third parties may also be able to collect information via the Platform. The data collection and use practices of these third parties may be governed by those third parties’ own policies, including their own privacy policies, as further described in Sections 2, 4, and 5, below. This Privacy Policy describes, among other things:

• Personal and other information we collect about you;
• How we use your information;
• How we may share your information with third parties; and
• Your choices regarding the personal information we collect about you.

1. Consent
By accessing or using the Platform, you consent to this Privacy Policy. If you do not agree with this Privacy Policy, please do not access, or use the Platform. Information gathered through the Platform may be transferred, used, and stored in the United States or in other countries where our service providers, our affiliates, or we are located. If you use the Platform, you agree to the transfer, use, and storage of your Personal Information (as defined below) in those countries. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. You agree that all transactions relating to the Platform are deemed to occur in the United States, where our servers are located.

European Union Residents
If you reside in a country in the European Economic Area or in Switzerland, then information we collect from you may be subject to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “GDPR”) and the following additional information is provided for your benefit.

The controller of the personal data collected through the Platform is:
VivaValet, Inc.
251 Little Falls Drive,
Wilmington, DE, 89109


If you use the Platform, you acknowledge that your personal data is being processed pursuant to the following lawful bases: your consent, VivaValet’s legitimate interests, to fulfil requests made by you, and compliance with applicable law. You further acknowledge and consent to your information that is gathered through the Platform being transferred to, used in, and stored in the United States.
You hereby consent to the processing of your personal data as described in this Privacy Policy. You may withdraw your consent at any time by following the instructions in the Accessing/Updating/Deleting Your Personal Information section below, but this will not affect the lawfulness of processing based on consent before its withdrawal. However, if you withdraw your consent or decline to provide personal data to us, you may be unable to use the Platform. You have the right to file a complaint relating to the processing of personal data with a supervisory authority.

Accessing/Updating/Deleting Your Personal Information
If you would like to delete, update, or access the Personal Information we have collected from you, you may do so by sending an email to [email protected]. Additionally, if your Personal Information is subject to the GDPR, you may have certain additional rights, including the right of restriction of processing of personal data, and the right to object to the processing of personal data. Please send e-mail to [email protected] for more information.

2. Collection of Your Personal and Other Information
When you use the Platform we collect Personal Information. By “Personal Information” we mean information that can identify an individual, such as:

• Names;
• Email address;
• Physical address;
• Mobile phone number
• Credit card number

You may choose not to provide Personal Information, but this may prevent you from receiving certain features of the Platform.

Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device’s camera, and/or photo gallery, and File Manager. If you wish to change our access or permissions, you may do so in your device’s settings.

Mobile Device Data. We may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.

Push Notifications. We may request to send you push notifications regarding your account or the mobile application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.


When you use the VivaValet mobile message service (the “SMS Service”) VivaValet will receive the following personal information:

• Your mobile phone number when you send a text message to us.
• Any user or screen name you select in connection with the SMS Service.
• The text of messages that you send to other users of the SMS Service.
• Any comments or feedback regarding the SMS Service or other personal information you send to VivaValet.

We may also collect non-Personal Information relating to the Platform, that is, information that does not personally identify an individual. The non-Personal Information we may collect includes how you interact with the Platform, information generally collected or “logged” by Internet websites or Internet services when accessed or used by users, and information about your web browser or device accessing or using the Platform.

Examples of the non-Personal Information we may collect are:

• Information about your computer or mobile device, such as its maker or operating system version, and HTTP header information
• The pages of our website that you viewed during a visit;
• What information, or content you view or interact with using the Platform; and
• The city, state, province and/or country in which you are located;[a]

We will not use non-Personal Information to try to identify you, and if we associate any non-Personal Information with information that personally identifies you, then we will treat it as Personal Information. As discussed in more detail below, we sometimes use cookies and other automatic information gathering technologies to gather non-Personal Information.

Information collected by the Platform may be collected by us or one of our service providers, but in either case, this Privacy Policy will govern the collection, use, and sharing of the information.

3. Use of Your Information
We may use the information we collect to:

• Assist us in providing, maintaining, and protecting the Platform;
• Set up, maintain, and protect accounts to use the Platform;
• Improve our online operations;
• Process transactions;
• Provide customer service;
• Protect against, identify and prevent fraud and other criminal activity, claims and other liabilities;
• Communicate with you, such as provide you with account or transaction-related communications, or other newsletters, and/or other communications relating to the Platform;
• Send or display offers and other content that is customized to your interests, or preferences;
• Perform research and analysis aimed at improving our products and services and developing new products or services;
• Manage and maintain the systems that provide the Platform;
• Develop and display content and advertising (and work with third parties who do so) tailored to your interests and to measure its effectiveness;
• Comply with and enforce applicable legal requirements, relevant industry standards and our contractual rights and policies, including our Terms of Use.[b]

4. Disclosure of Your Information
We may disclose your Personal Information to third parties as described below.
We may disclose Personal Information to provide services to you, or when you authorize or instruct us to do so. For example, we will share your name, email address, phone number, and service/ home address with when you book an appointment with one of the by third party service providers who offer a variety of services through the Platform (each a “Service Provider”).

We may also disclose Personal Information and non-Personal Information to companies, agents, contractors, service providers, or others engaged to perform functions on our behalf (such as processing of payments, provision of data storage, hosting of our website, marketing of our products and services, conducting audits, and performing web analytics). We may license third party software to include in or use with the Platform, in which case we may disclose Personal Information and/or Non-Personal Information to the licensor. These third parties’ collection and use of Personal Information and non-Personal Information are subject to their own privacy policies, which you can read here:

• Google
• Stripe
• HubSpot
• Meta
• Cloudflare
• DigitalOcean
• Pusher
• MailGun
• Twilio

These parties’ collection and use of Personal Information and non-Personal Information are subject to their own privacy policies, which you can read at the links above.

We may also disclose Personal Information to other third parties upon your consent to such disclosures. In addition, we may disclose your Personal Information to third parties when we believe, in good faith and in our sole discretion, that such disclosure is reasonably necessary to (a) enforce or apply the terms and conditions of the Platform, including investigation of potential violations thereof, (b) comply with legal or regulatory requirements or an enforceable governmental request, (c) protect the rights, property or safety of VivaValet, our users, or other third parties, (d) prevent a crime or protect national security, or (e) detect, prevent or otherwise address fraud, security or technical issues.

We reserve the right to transfer information (including your Personal Information) to a third party in the event of a sale, merger, or transfer of all or a portion of the assets of our company relating to the Platform, or in the unlikely event of a bankruptcy, liquidation, or receivership of our business. We will use commercially reasonable efforts to notify you of such transfer, for example via email or by posting notice on our website. Lastly, we may also disclose non-Personal Information, aggregated with information about our other users, to our business partners, merchants, investors, potential buyers and other third parties if we deem such disclosure, in our sole discretion, to have sound business reasons or justifications.

5. Cookies and Automatic Information Gathering Technologies
To assist us in collecting and storing certain Personal and non-Personal Information, we may employ a variety of technologies, including “Cookies,” local browser storage, and “Web Beacons.” A “Cookie” is a small amount of data a website operator, or a third party whose content is embedded in that website, may store in your web browser and that the website operator or, as applicable, the third party, can access when you visit the website. Cookies on the Platform may contain user preferences, unique identifiers, and other non-Personal Information. A “Web Beacon” is a small, usually transparent image placed on a web page that allows the operator of that image, which may be the operator of the website you visit or a third party, to read or write a Cookie.

We, or our vendors may use Cookies to determine whether you have seen a particular piece of content before on the same or different device, to track the movements of individual users through the Platform and elsewhere on the web or across apps, devices, and geographic locations, to help diagnose problems with servers, to gather broad demographic information, to conduct research, to record registration and personalization information, and to otherwise administer the Platform.

In addition, VivaValet and/or our vendors may use Cookies in our communications with you, such as within email and text messages and push notifications, and to determine which messages have been opened by recipients. Your operating system and web browser may allow you to erase information stored in Cookies and local browser storage. You may also be able to set your browser to refuse all website storage or to indicate when it is permitted, but some features of the Platform may not function properly without it.

More information about managing Cookies is available here. Cookie management tools provided by your browser may not affect Flash Cookies. More information about managing Flash Cookies is available here. To learn how to manage privacy and storage settings for your local browser storage, please refer to the end user documentation for your browser.

6. Transparency and Choice
You may request access to your Personal Information by sending an email to [email protected]. We will try to locate and provide you with your Personal Information and give you the opportunity to correct this data, if it is inaccurate, or to delete it, at your request. But, in either case, we may need to retain it for legal reasons or for legitimate business purposes.

We ask individual users to identify themselves and the information requested to be accessed, corrected, or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, would be extremely impractical (for instance, requests concerning information residing on backups), or relate to information that is not associated with your Personal Information. In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

Please be aware that if you request us to delete your Personal Information, you may not be able to continue to use the Platform. Also, even if you request that we delete your Personal Information, we may need to retain certain information for a limited period of time to satisfy our legal, audit and/or dispute resolution requirements. You can opt out of receiving marketing emails and/or newsletters from us by clicking on the “unsubscribe” link in the emails. Please note that it may take up to ten (10) business days for opt-out requests to be processed. Also, even if you opt out of marketing emails, we may continue to send you certain emails, such as confirmations of transactions you have requested. (if applicable)

7. Children
The Platform is geared toward a general audience and is not directed to children under 13 years of age. We do not knowingly collect personal information from children who are under 13 years of age. If we become aware that we have collected personal information from a child under 13 years of age we will promptly delete the information, unless we are legally obligated to retain such information. If you believe a child under 13 years of age may have provided us with Personal Information, please contact us as specified in the “How to Contact Us” section of this Policy.

8. Information Security
We utilize reasonable information security measures to safeguard your Personal Information against unauthorized access, modification, or destruction. For example, we utilize Secure Socket Layer (SSL), Transport Layer Security (TLS), or similar encryption technology when sensitive data is transmitted over the Internet and use firewalls to help prevent external access into our network. However, no data transmission over the Internet and no method of data storage can be guaranteed to be 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its security. Within VivaValet, we restrict access to Personal Information to our employees, contractors, and agents who need to know that information in order to operate, develop, improve or support the Platform. If we share Personal Information with service providers, we require that they also use reasonable information security measures to safeguard your Personal Information and only use your Personal Information for the purposes for which we share it with them.

9. Other Privacy Rights
You may 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 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, and have a registered Platform account, you have the right to request removal of unwanted data that you publicly post on the Platform. 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 are under the age of 18. We will make sure the data is not publicly displayed on the Platform, but please be aware that the data may not be completely or comprehensively removed from our systems.

You may request, up to two (2) times per year: (1) the categories and specific pieces of data that VivaValet has collected from you; (2) the categories of sources from which your data was collected; (3) the categories of third parties to which your data has been disclosed or sold; and (4) the purposes for which the information was disclosed or sold. If you would like to make such a request, please submit your request in writing to us using the contact information provided below.

Subject to certain limitations, you have the right to: (1) request to know more about the categories and specific pieces of Personal Information VivaValet collects, uses, and discloses about you, (2) request deletion of your Personal Information, (3) opt out of any sales of your Personal Information, and (4) not be discriminated against for exercising these rights. If you would like to make such a request, please submit your request in writing to us using the contact information provided below.

10. Third Party Websites
Please note that the Platform may link or integrate with third-party sites, services, or apps. We are not responsible for the privacy or security policies or practices or the content of such third parties. Accordingly, we encourage you to review the privacy and security policies and terms of service of those third parties so that you understand how those websites collect, use, share and protect your information.

11. Changes to this Policy
We may modify or update this Privacy Policy periodically with or without prior notice by posting the updated policy on this page. You can always check the “Last Updated” date at the top of this document to see when the Privacy Policy was last changed. If we make any material changes to this Privacy Policy, we will notify you by reasonable means, which may be by e-mail or posting a notice of the changes on our website prior to the changes becoming effective. We encourage you to check this Privacy Policy from time to time.

12. Questions
To ask questions about our Privacy Policy or to lodge a complaint, contact us at:
VivaValet, Inc.
251 Little Falls Drive,
Wilmington, DE, 89109
Email: [email protected]