alive5, Inc. Privacy Policy

Last Updated: June 20, 2018

Your privacy and your Users’ privacy is important, so alive5 has created the following Privacy Policy to let you know what information we collect when you visit our website and/or when your Users engage with the alive5 Application, why we collect that information, and how, it is used (if at all). Our Privacy Policy is our commitment to you that that we provide not only the highest quality services and products, but that we understand that you expect us to safeguard the personal and business information that we collect. All of our employees and data processors that have access to and/or are associated with the processing of personal information are obliged to respect the confidentiality of your and your Users’ personal information. To this end, our Privacy Policy allows you to make an informed decision regarding your usage of the tools and services that we provide.

The terms "you," "your," and "yours" refer to the Customers who visit our website. The terms "Company," "we," "us," and "our" refer to alive5, Inc. This Privacy Policy is governed by our Terms of Service. By using this website and/or the alive5 Application or alive5’s Services, you consent to the data practices described herein. As technology and circumstances change, we will continue to update, modify and enhance this Privacy Policy on this webpage for your benefit. It is your responsibility to review this Privacy Policy frequently and remain informed about any changes to it, so we encourage you to visit this page often.

The Privacy Policy herein will proceed in two different sections. Section 1 pertains to the use and collection of your data on alive5’s website (http://www.alive5.com) and its extensions. Section 2 pertains to the use and collection of your Users’ data on alive5’s Application as it is used on your website.

1. USE AND COLLECTION OF DATA ON OR THROUGH ALIVE5’S WEBSITE:

1.1. Cookies

Cookies are small programs that enhance your use of the Internet, in general, and, specifically, we use cookies to enhance your usage of our functions.

Please note that we employ the use of cookies. Currently we employ cookies when you create an account through our website, but we may further employ cookies to assist the functionality of other tools, services, and functions in the future.

The information gathered through the use of cookies is not shared with third parties. Cookies do not reveal personal information and if you turn off your cookies you may find your enjoyment of the Internet, and our website, to be reduced or impaired. You may turn off your cookies by adjusting the appropriate setting on your browser. Please consult the HELP menu of your browser to learn how to turn your cookies off.

Cookies may provide Recording Session information, show us visitor preferences regarding return visits to our website, help us manage subscription or private areas on our website, record user-specific tracking or aggregate tracking information of visitors, and deliver user-customized content based on your specific information (e.g., internet protocol ("IP") address, internet service provider ("ISP"), referring/exit pages, date/time stamp, clickstream data, browser type, screen type, resolution, operating system, etc.).

Other possible uses for the information that we collect through cookies includes internal tracking and review. Sometimes the information we collect through cookies is used for purposes of communication, at which point it is archived by us for future usage.

We also use the information we collect from cookies to provide custom content for our user base. Technical and business statistics are also collected via cookies, which allow us to track the various paths users trace through the alive5 website as they move from one webpage to another. Cookies also keep tract of the number of users who visit our website and can be used to calculate the visitor capacity and scalable architecture of our website. We do not use cookie technology to gather personal information about you although such technology may allow us to serve up focused banner advertisements and other Internet published advertising content that appears on one or more pages of our website.

We partner with a third party to either display advertising on our website or to manage our advertising on other websites. Our third-party partner may use technologies such as cookies to gather information about your activities on this website and other websites in order to provide you advertising based upon your browsing activities and interests.

We use Google Analytics, a third-party tracking service, which uses cookies to track non-personal information about our website visitors in the aggregate to capture usage and volume statistics. Some of our business partners (e.g., Google Analytics) use cookies on our site. We have no access to or control over these cookies. This privacy policy covers the use of cookies by alive5 only and does not cover the use of cookies by any third-party.

We use Local Storage, such as HTML5, to store content information and preferences. Third parties with whom we partner to provide certain features on our website or to display advertising based upon your web browsing activity also use HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5.

We and some of our third-party partners (e.g., AdRoll) employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), tags, and scripts that help us better manage the content on our website by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of website users, such as yourself. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on webpages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers’ personal information.

1.2. Registration Data

In order to access certain subscriber services and restricted areas of the alive5 website (the "Restricted Services") alive5 requires that you to provide certain identifying information listed in the online registration form (the "Registration Data"). This information may include the following: (a) your legal name and/or the legal name of your business; (b) your address and/or the address of your business; (c) your email address; (d) your phone number; (e) your subscriber name or "screen name"; (f) your social media profile URL; (g) your areas of interest; (h) your Registration Services password used to access alive5’s Pay Services (which is encrypted and unknown to alive5); (i) your method of payment; and (j) if applicable, your credit card holder data.

While using alive5 as a client, third party personal information may be entered, such as the legal name, address, telephone number, and email address of the business you represent. This information is only used for the purpose it was collected for, which includes, setting up your or your business’s Pay Services account and communicating with you or your business as provided further in Section 1.10 (Communications).

You may review and update your or your business’s Registration Data to ensure it is accurate. To do so, you may access your Registration Data through the “Subscriber Services” extension of the alive5 website (which is password-restricted for your protection). You may also update your or your business’s Registration Data by contacting us at the physical address or email address listed herein.

You may also cancel your Pay Services account (and, by extension terminate your use of alive5’s Application and Services) at any time by sending an email to billing@alive5.com. Once alive5 has finished processing the cancellation, alive5 will delete all your Registration Data from its database.

alive5 reserves the right to request any additional information necessary to establish and maintain your or your business’s account for your or your business’s Pay Services account and/or for communicating with you or your business.

1.3. Confidentiality of Registration Data

Registration Data is the property of alive5, subject to and protected by the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq., and is maintained in a secured area on the alive5 website for transmission. After any and all Registration Data is transmitted, it is stored in a private database that is not connected to the Internet. alive5 will not sell, rent, swap, or otherwise disclose or distribute your or your business’s Registration Data to any third party for promotional purposes.

1.4. Use of Aggregated Data

We may collect aggregate information about pages that users visit on our website ("Aggregated Data") (such as overall patterns of use or demographic reports). Alive5 reserves the right to disclose to third parties any Aggregated Data collected via your use of the alive5 website.

1.5. Use of User-Specific Data

We may also collect user-specific information about pages that users visit on our website. A more thorough description of what user-specific information we obtain can be found in Section 1.1 above (Cookies). We promise to never disclose to third parties any data that is not in aggregate form, and will not disclose any information that describes or identifies any individual user.

In order to seek out and repair functionality issues with our servers and related programming, we may use your email and IP addresses for evaluation and diagnostic purposes.

1.6. Credit Card Usage Data

We maintain your credit card related information once your purchase has been verified and processed via your credit card service provider for future usage, within a secured system. In the event of a charge back, the credit card service provider will provide us with such information for the purpose of our evaluation of the charge back request, including any protestations and or feedback issued by our company if we determine fraud has taken place. In the event of credit card fraud and similar defaulted payments, the credit card related information shall be used for collection-related purposes.

When you enter sensitive information, such as credit card information, on our order forms, or Pay Services page we encrypt the transmission of that information using secure socket layer technology ("SSL"). Other information that you send via standard email will not be subjected to this high level of encryption, so we advise you accordingly that you should never submit sensitive personal information such as credit card numbers and so forth via standard email to us.

As noted above, we follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact us at privacy@alive5.com.

1.7. Data Retention

Please note that we will retain and use your or your business's Registration Data and/or personal information for as long as your account is active, needed to provide you services, comply with our legal obligations, resolve any and all disputes, and enforce our agreements with you and third parties.

1.8. Information We Collect from Children

As per our Terms of Service, children under the age of eighteen (18) years may not register for alive5's Application or Services. However, children can access many parts of the alive5 website and its content without providing us with personal information. In addition, we use certain technologies, such as cookies, to automatically collect information from our users (including children) when they visit or use the alive5 website.

We only collect as much information about a child as is reasonably necessary for the child to view the website, and we do not condition his or her participation on the disclosure of more personal information than is reasonably necessary.

We do not share, sell, rent, or transfer children’s personal information other than as described in the section.

We may disclose aggregated information about many of our website visitors, and information that does not identify any individual. In addition, we may disclose children’s personal information:

  • To third parties we use to support the internal operations of our website and who are bound by contractual or other obligations to use the information only for such purpose and to keep the information confidential.
  • If we are required to do so by law or legal process, such as to comply with any court order or subpoena or to respond to any government or regulatory request.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of alive5, our customers, or others, including to:
    • Protect the safety of a child;
    • Protect the safety and security of the alive5 website, Application, or Service; or
    • Enable us to take precautions against liability.
  • To law enforcement agencies or for an investigation related to public safety.

In addition, if alive5 is involved in a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of alive5’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding or event, we may transfer the personal information we have collected or maintain to the buyer or other successor.

At any time, a child’s parent or guardian may review the child’s personal information maintained by us, require us to correct or delete the personal information, and/or refuse to permit us from further collecting or using the child’s information. In order to review, change, or delete your child’s personal information, please email us at privacy@alive5.com.

1.9. Access & Correcting Customer Information

You may request access to correct, update, or delete all your personal information by emailing privacy@alive5.com. We will respond to your request within 30 days.

1.10. Communications

Unless you select the "Opt-Out" option as described in Section 1.11, alive5 reserves the right to use your or your business’s Registration Data to send you and/or your business information about alive5, the alive5 website, alive5 products and services, and other topics in which you have indicated an interest.

If you communicate with us via the alive5 website, email, telephone, or surface mail, we will maintain such communications and the information contained within them for the purpose of providing you with customer service. To protect these communications, we employ safeguards that are reasonable in the industry.

In choosing to communication with us through the alive5 website, you may be required to complete online registration forms that provide us with contact information (such as your name, street address, email address, and phone number), and by providing this contact information you agree that alive5 may, from time to time, send you emails regarding our service so that we can directly communicate with you regarding issues we determine to be relevant. Any information that you give us when you complete a contact form or inquiry form is collected and retained by us.

It is our policy not to send unsolicited emails or allow third parties to contact you via the email address that you provided to us.

1.11. Opt-Out Right

If you do not wish to receive any special offers or other communications from alive5, you have the right to select the “Opt Out” option during the registration process or at any time afterwards. You may "opt out" by clicking on the box marked "I DO NOT WISH TO RECEIVE SPECIAL COMMUNICATIONS FROM alive5" when you register for an account or at any time afterwards by going to the "Special Offers" extension of the alive5 website.

You may also choose to stop receiving any email communications (such as alive5 newsletters or marketing emails) by following the unsubscribe instructions included in those email communications.

1.12. Testimonials on Our Website

With your consent, we may post your testimonial along with your name and business affiliation. If you want your testimonial removed at any time, please contact us at the physical address or email address listed herein.

1.13. Links to Third Party Websites

By accessing the alive5 website, you acknowledge that alive5 provides links to third party websites, but that alive5 is not responsible for the content of such third-party websites or their terms, conditions, or privacy policies. You acknowledge that you must carefully review the terms, conditions, and privacy policies of all websites prior to using said third party websites and you assume all risk of using third-party websites. Furthermore, you understand and agree to not hold alive5 responsible for any third-party content provided on the alive5 website that may infringe on intellectual property rights, rights of privacy or publicity, or any rights of any nature in any jurisdiction.

1.14. Social Media Features & Widgets

Our website includes Social Media Features (such as the Facebook and Twitter buttons) and/or Widgets (interactive mini-programs that run through our website). Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. The third parties that own these Social Media Features and Widgets may collect your IP address and which page(s) you are visiting on our website and may set a cookie to enable the Feature or Website to function properly. Your interactions with these Social Media Features and Widgets are governed by the privacy policy of the company providing it.

Please note that, in the event a child engages with these Social Media Features or Widgets, the child’s parent of guardian should contact the owner of the Social Media Feature or Widget and not alive5. alive5 does not control the types of information your child can send or post through the Features or Widgets. We encourage parents to educate their children about safety online and to carefully monitor their children’s use of Social Media Features or Widgets to ensure they do not disclose their personal information through them.

1.15. Liability for Acts of Third Parties

Although alive5 will use all reasonable efforts to safeguard the confidentiality of your or your business’s Registration Data, transmissions made by means of the Internet cannot be made absolutely secure. Therefore, by submitting your Registration Data to us, you acknowledge and agree to not hold alive5 liable for any disclosure of Registration Data due to errors in transmission or through the unauthorized acts of third parties, including but not limited to, alive5 employees who are acting outside the scope of their authority.

DISCLAIMER: NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, ALIVE5 WILL NOT HAVE ANY LIABILITY TOWARDS CUSTOMER FOR ANY DAMAGES ARISING FROM CUSTOMER'S USE OF THE ALIVE5 WEBSITE OR CUSTOMER'S SUBMISSION OF REGISTRATION DATA, WHETHER THE CAUSE OF ACTION BE BASED ON TORT, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, ACTUAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE OR DUE TO ANY CAUSE OF ANY NATURE. BY ACCEPTING THIS PRIVACY POLICY, CUSTOMER ACKNOWLEDGES AND AGREES TO HOLD ALIVE5 HARMLESS FROM ANY LOSS OR HARM OF ANY NATURE DUE TO CUSTOMER'S USAGE OF THE ALIVE5 WEBSITE AND/OR CUSTOMER'S SUBMISSION OF REGISTATION DATA, WHETHER DIRECTLY OR INDIRECTLY. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

1.16. Notification of Website Privacy Policy Changes

As indicated above, we may update this Privacy Policy to reflect changes to our information needs and practices. If we make any material changes, we will notify you before these changes come into effect at the email address specified in your Pay Services account or via a notice on this website. We encourage you to periodically review this page for the latest information on our privacy practices.

1.17. Website Privacy Policy Exceptions

By using the alive5 website, you acknowledge that there are certain exceptions to our website Privacy Policy that may be triggered under rare circumstances. Under these circumstances, alive5 may be required to disclose your or your business’s personal information. Currently, these circumstances include the following:

  • Where disclosure is required by law or the legal process, such as to comply with a state or federal investigation;
  • Where we believe that disclosure is necessary to protect our rights, your safety, and the safety of others; investigate fraudulent activity; or response to a government request of any kind;
  • Where disclosure is required due to alive5’s involvement in a merger, acquisition, or sale of all or a portion of its assets
  • Where disclosure is provided to a third party with your prior consent.

1.18. Contact Information

If you have any questions about the website Privacy Policy and/or our use of your Registration Data and other user-specific information, please contact us at the following address:

alive5, Inc.
ATTN: Legal Department
2100 West Loop South, Suite 900
privacy@alive5.com

2. USE AND COLLECTION OF USER DATA THROUGH ALIVE5’S APPLICATION

You and the rest of our customers that implement the alive5 Application on your websites provide access to the alive5 Application to your Users. By providing the alive5 Application to your Users, you acknowledge that we may collect certain personal information about those Users ("User Information Data"), and by engaging with the alive5 Application, your Users also acknowledge that we may collect User Information Data. Furthermore, you acknowledge that by signing up for the alive5 Application and alive5’s Services, we may collect certain information about you ("Customer Data").

2.1. User Information Data

The User Information Data that we may collect includes following: (a) User’s legal name; (b) User’s address; (c) User’s email address; (d) User’s phone number; (e) User’s social media profile URLs; (f) User’s conversations/chat messages with alive5 customer’s representatives; and (g) for at least a ten-minute period, User’s card holder data ("CHD").

2.2. Confidentiality of User Information Data

User Information Data is the property of alive5, subject to and protected by the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq., and is maintained in a secured area on the alive5 website for transmission. After any and all User Information Data is transmitted, it is stored in a private database that is not connected to the Internet and provided pursuant to our contractual relationship with our hosting company. alive5 will not sell, rent, swap, or otherwise disclose or distribute User Information Data to any third party for promotional purposes. Furthermore, alive5 will never access any User’s CHD, even though it has the ability to do so during the initial ten (10) minutes after a User transmits CHD through the alive5 Application.

2.3. Use of User Information Data

We may collect User Information Data and grant our customers full access to the User Information Data of their specific Users. "Full access" means permission to download, delete, and/or modify User Information Data. Furthermore, with our customer’s permission, we may access User Information Data to resolve certain technical issues with the alive5 Application.

2.4. Access & Correcting User Information Data

alive5 has no direct relationship with those Users whose User Information Data it gathers or processes. A User who seeks access to, or wishes to correct, amend, or delete, inaccurate information should direct his or her inquiry to the alive5 customer whom the User has been engaging with (the "Data Controller").

Furthermore, if a User and would like to no longer be contacted by the Data Controller or have his or her User Information Data removed from the Data Controller’s possession, the User should contact the Data Controller directly and per the instructions listed in the Data Controller’s Terms of Service and/or Privacy Policy.

2.5. Customer Data

Customer Data may include the following: (a) your legal name and/or the legal name of your business; (b) your address and/or the address of your business; (c) your email address; (d) your phone number; (e) your subscriber name or "screen name"; (f) your social media profile URL; (g) your areas of interest; (h) your Registration Services password used to access alive5’s Pay Services (which is encrypted and unknown to alive5); (i) your method of payment; and (j) if applicable, your credit card holder data.

2.6. Confidentiality of Customer Data

Customer Data is the property of alive5, subject to and protected by the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq., and is maintained in a secured area on the alive5 website for transmission. After any and all Customer Data is transmitted, it is stored in a private database that is not connected to the Internet. alive5 will not sell, rent, swap, or otherwise disclose or distribute Customer Data to any third party for promotional purposes.

2.7. Use of Customer Data

We may collect Customer Data so that we can contact you about your Pay Services account, the alive5 Application, new or updated alive5 Services, and/or for marketing/promotional purposes. Furthermore, with your permission, we may access Customer Data to resolve certain technical issues with the alive5 Application.

2.8. Access & Correcting Customer Data

You may request access to correct, update, or delete all Customer Data by emailing privacy@alive5.com. We will respond to your request within thirty (30) days.

2.9. Data Retention

Please note that we will retain and use User Information Data and Customer Data for as long as your account is active and as long as needed to provide you services, comply with our legal obligations, resolve any and all disputes, and enforce our agreements with you and third parties.

2.10. Third Party Relationships

We use other third parties to provide screen sharing and click-to-call services via our alive5 Application and when User’s sign up for or engage with the alive5 Application we share your User Information Data with them as necessary so that the third parties can adequately provide their services. Transfers to subsequent third parties are covered by the service agreements with our clients.

2.11. Liability for Acts of Third Parties

Although alive5 will use all reasonable efforts to safeguard the confidentiality any User Information Data and Customer Data it gathers, transmissions made by means of the Internet cannot be made absolutely secure. Therefore, by signing up for alive5’s Application and Services, you acknowledge and agree to not hold alive5 liable for any disclosure of User Information Data or Customer Data due to errors in transmission or through the unauthorized acts of third parties, including but not limited to, alive5 employees who are acting outside the scope of their authority.

DISCLAIMER: NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, ALIVE5 WILL NOT HAVE ANY LIABILITY TOWARDS CUSTOMER AND CUSTOMER’S USERS FOR ANY DAMAGES ARISING FROM CUSTOMER’S USE OF THE ALIVE5 APPLICATION, WHETHER THE CAUSE OF ACTION BE BASED ON TORT, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, ACTUAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE OR DUE TO ANY CAUSE OF ANY NATURE. BY ACCEPTING THIS PRIVACY POLICY, CUSTOMER ACKNOWLEDGES AND AGREES TO HOLD ALIVE5 HARMLESS FROM ANY LOSS OR HARM OF ANY NATURE DUE TO CUSTOMER’S USE OF THE ALIVE5 APPLICATION, WHETHER DIRECTLY OR INDIRECTLY. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

2.12. Notification of alive5 Application Privacy Policy Changes

As indicated above, we may update this Privacy Policy to reflect changes to our information needs and practices. If we make any material changes, we will notify you before these changes come into effect at the email address specified in your Pay Services account or via a notice on this website. We encourage you to periodically review this page for the latest information on our privacy practices and to always remind your Users of changes to our Privacy Policy.

2.13. alive5 Application Privacy Policy Exceptions

By signing up for alive5’s Application and Services, you acknowledge that there are certain exceptions to our alive5 Application Privacy Policy that may be triggered under rare circumstances. Under these circumstances, alive5 may be required to disclose User Information Data or Customer Data. Currently, these circumstances include the following:

  • Where disclosure is required by law or the legal process, such as to comply with a state or federal investigation;
  • Where we believe that disclosure is necessary to protect our rights, your safety, and the safety of others; investigate fraudulent activity; or response to a government request of any kind;
  • Where disclosure is required due to alive5’s involvement in a merger, acquisition, or sale of all or a portion of its assets
  • Where disclosure is provided to a third party with your prior consent.

2.14. Contact Information

If you are an alive5 customer and/or User and have questions about the alive5 Application Privacy Policy and/or our use of User Information Data, please contact us at the following address:

alive5, Inc.
ATTN: Legal Department
2100 West Loop South, Suite 900
privacy@alive5.com