1. OVERVIEW

Iviand is committed to the highest standards of privacy and data protection compliance and expects all its employees and management to adhere to these standards.

Iviand operates an online nutrition management software which enables professionals to nutritionally analyse diet logs, meal plans, recipes and activity (the “Service”).

We understand that privacy is important to our clients. We respect your privacy and will take all reasonable steps to safeguard and protect your information as if it was our own.

2. PERSONAL DATA

The term “Personal Data”, as used in this Policy, refers to any data (whether by itself or when linked with other information in the possession of, or likely to come into the possession of, Iviand) that can be used to identify a specific living person. Personal Data does not include information that has been aggregated or made anonymous such that it can no longer be reasonably associated with a specific person.

3. WHAT DOES THIS PRIVACY POLICY APPLY TO?

This Policy applies to the Iviand.com website, including all subpages and successor pages (collectively referred to as the “Website”), and also applies to all platform and software/app services (the “Services”) that we offer.

This Policy does not apply to any website, product or service of any third-party company even if the website links to (or from) our Website(www.iviand.com). Please always review the privacy practices of any third-party company before deciding whether to provide any information.

By using our Website or Services, you are accepting the practices described in this Policy. If you do not agree with this Policy, please delete all cookies from your browser cache after visiting our Website and do not visit or use our Website or Services. Your continued use of our Website or Services will signify your acceptance of this Policy.

4. COLLECTION AND USE OF YOUR PERSONAL DATA

We may collect Personal Data from our Clients in order to enable us to provide our Services.

Broadly speaking, we collect information in two ways: (1) when you provide it directly to us, and (2) passively through technology such as “cookies” (described below).

4.1 COOKIES AND WEB SERVER LOGS

“Cookies” are a feature of web browser software that allows web servers to recognise the computer used to access a website. Cookies can remember what information a computer accessed on one web page to streamline activities on related web pages and to make the online experience easier and more personalised. Log files are used to monitor, measure, analyse, improve, and troubleshoot our Services.

We utilise “cookies” and other technologies to collect non-personally-identifiable information from our Website and from other websites that use our Services. Information gathered through cookies and web-server log files may include information such as the date and time of visits, the pages viewed, IP addresses, links to/from any page, and time spent at our site.

We use cookie data to measure web traffic and usage activity on our Website for purposes of monitoring, troubleshooting and improving our Website and Services, to look for possible fraudulent activity, and to better understand the sources of traffic on our Website. Cookies also allow our servers to remember your account information for future visits and to provide personalised and streamlined information across related pages on our Website and also across other websites or applications that use our Services. You can choose to disable cookies for our Website but this may limit your ability to use our Website and Services.

4.2 MARKETING AND COOKIES OPT-OUT

We may occasionally email you with information about offers or new services. If you do not wish to receive this marketing material then please email admin@iviand.com. You can also opt out of these email communications by replying with unsubscribe in the subject line, or via an unsubscribe link included in such communications. However, you will continue to receive crucial email communications related to your account and your billing/updateswith Iviand while you have an active licence subscription through clover.

If you wish to opt out of having cookies set on your browser, the only way to ensure that this happens is to manage the settings on your web browser to delete all cookies and disallow further acceptance of cookies. Note that disabling cookies on your browser prevents Iviand from tracking your activities in relation to our Website and Services. However, it may also disable many of the features available through our Websites and Services and some aspects of our Services may not work properly if you do so. For more information, refer to your browser’s technical information. You may also consider visiting aboutcookies.org, which provides helpful information about cookies.

5. WEBSITE VISITORS

To simply browse our Website, you are not required to provide any Personal Data. However, we may gather non-personally-identifiable information, as described directly above, solely for the purposes of monitoring and improving our Website and Services. We will not share this information with third parties or use it to target any advertisements to you.

Our Website and Services are directed to the general public. We do not knowingly collect information from children under 15 years of age or have any reasonable grounds for believing that children under the age of 15 are accessing our Website or using our Services. If we learn that we have inadvertently collected Personal Data from a child under age 15, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 15, please contact us at admin@iviand.com.

6. SHARING AND DISCLOSURE OF YOUR PERSONAL DATA

Iviand does not sell or rent your Personal Data to marketers or third parties. Iviand may disclose Personal Data it collects about you to trusted third parties who are integral to the operation of our Website and Services for a variety of purposes in connection with providing our Services and operating our. These third parties may include our agents, related bodies corporate, contractors, financial institutions, payment processors, verification services and credit bureaus, as well as any third parties that you have directly authorised to receive your Personal Data.

We may store your Personal Data in locations outside the direct control of Iviand, for instance, on servers or databases co-located with hosting providers. Some of our the related bodies corporate or third parties to whom we disclose your Personal Data are located outside of Ireland.

We may also disclose your Personal Data to law enforcement, government officials, or other third parties if required by law or we believe in good faith that the disclosure is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Terms of Service.

In addition, in the event of a merger, acquisition, reorganisation, bankruptcy, or other similar events, certain information in our possession may be transferred to our successor or assign.

Any sharing or disclosure of your Personal Data will be in compliance with applicable data protection laws and regulations.

7. RETENTION OF YOUR PERSONAL DATA

Personal Data that we collect and use for any purpose or purposes shall not be retained for longer than is necessary for that purpose or those purposes. You may choose to delete your account by uninstalling the app and all information in its entirety and permanently from within your account, or by emailing our team.

8. PROTECTION OF PERSONAL DATA

Iviand takes all reasonable steps to ensure that the Personal Data we collect, use or disclose is accurate, complete, up-to-date, relevant and stored securely.

We also take all reasonable steps to ensure that the Personal Data we hold is protected from misuse, interference, loss, unauthorised access, modification or disclosure by the use of various methods including access limitation, and 256 bit Secure Socket Layer (SSL) encryption technology to safeguard all information in transit to and from our server. Other security safeguards include, but are not limited to data encryption, firewalls, and physical access controls to building and files.

9. FINANCIAL INFORMATION

All financial transactions including payments and refunds are handled through clover platform.

10. CLIENT DATA SECURITY OBLIGATIONS

You are fully responsible for the security of any username or password information held, or otherwise in your possession. You shall keep confidential any methodologies and technology used by Iviand in connection with the Services.

11. SECURITY CONTROLS

Iviand is responsible for protecting the security of Personal Data in our possession and will maintain commercially reasonable administrative, technical, and physical procedures to protect all the personal information regarding you and your customers that is stored in our servers from unauthorised access and accidental loss or modification.

Iviand has been advised by the office of the Data Protection Commissioner that the Services are exempt from registration as a Data Controller under section 3 (G) Statutory Instrument 657 of 2007.

Iviand will comply with the applicable data protection laws, including in particular, the adoption of laws consistent with the EU Directive 95/46/EC (“EU Data Directive”) binding in United Kingdom, as amended from time to time.

12. REFERENCES TO OUR RELATIONSHIP

You agree that, from the time you begin using Iviand until you terminate your account with us, we may identify you as a customer of Iviand. Neither you nor we will imply any untrue sponsorship, endorsement or affiliation between you and Iviand.

13. FORCE MAJEURE

No party will be liable for delays in processing or other non-performance caused by such events as fires, telecommunications or internet failures, utility failures, power failures, equipment failures, employment strife, riots, war, terrorist attack, non-performance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control.

14. DISPUTES; CHOICE OF LAW; JURISDICTION AND VENUE

This Agreement is concluded in English.

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) (a “Dispute”) will be governed by and construed in accordance with the laws of the Republic of Ireland.

Any Dispute shall be finally resolved by arbitration under the LCIA Rules by a sole arbitrator appointed in accordance with the said Rules. It is agreed that the seat of the arbitration shall be Dublin and the language of the arbitration shall be English.

Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that we may have under trade secret, copyright, patent or other laws. Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

15. CHANGES TO THIS POLICY

We reserve the right to make changes to this Policy from time to time. Please review this Policy periodically to check for updates. If any changes are material and/or retroactive, we may provide additional notice and/or an opportunity to “opt-in,” as appropriate under the circumstances. We may also advise you of changes to this policy by emailing and/or mailing the revised policy to any addresses you provide us.

If you require any more information or have any questions about our privacy policy, please contact us by email at support@iviand.com.