TERMS
OF USE

Usage

The Site is for your personal noncommercial use and any information may be downloaded by you solely for that purpose. This right to use the information is not a transfer of title, and is subject to the following restrictions: the information should not be used for any commercial purpose or public display, performance, sale or rental; no copyright or other proprietary information should be removed / copied; the information should not be transferred to another person; software should not be interfered with in any manner; every person downloading, reproducing or otherwise using the information must prevent any unauthorized copying or usage of the information; you will only use the information for lawful purposes and in accordance with these terms and conditions.

Caution

You must ensure that your access to and your use of the Site is not illegal or prohibited by laws which apply to you. You must take your own precautions that the process which you employ for accessing the Site does not expose you to the risk of virus, malicious computer code, computer program routine or process or other forms of interference which may damage your own computer system. Without limitation, you are responsible for ensuring that your own computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. VIVA does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Site or any linked website. VIVA does not guarantee or warrant that any material available for downloading from the Site or any linked website will be free from any virus, infection or other condition which has contaminating or destructive properties. You are responsible for taking sufficient precautions and checks to satisfy your own particular requirements. You must ensure that any information which you provide to VIVA is accurate and complete and does not contain any virus, malicious computer code, computer program routine or process or other form of interference which may damage the computer system of VIVA or the Information or which may detrimentally interfere with any VIVA system, data or information.

Linked websites

The Site may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. You acknowledge and agree that VIVA does not have any control over the content or availability of linked websites and accepts no responsibility for the content, privacy practices or any other aspect of linked websites. Links with linked websites should not be construed as an endorsement, approval or recommendation by VIVA of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and only to the extent expressly stipulated to the contrary.

Termination of Access

If you breach any of these conditions your access to the Site will terminate immediately without the necessity of any notice being given to you. Access to the Site may at discretion of VIVA be terminated at any time by VIVA without notice. The provisions of these conditions excluding, limiting and disclaiming the liability of VIVA will nevertheless survive any such termination.

Single Sign On

VIVA offers a single-sign-on i.e. after a one-time registration on one of the Participating Website, you can sign on (login) to each of the Participating Website with uniform credentials, without having to go through a separate registration and sign-on process each time. (“Single- Sign-On”). Single- Sign-On provides a single identity – the basis for Participating Website you wish to use recognizing and verifying you. Further after logging into any of our Participating Website you can easily visit any or all of our Participating Website through links in the Participating Website. You can update your account data at any time.

Personal Information

Your name, address, phone number, email address, user name, password, feedback, IP address and location, digital device name, type and configuration, details relating to your download of Publications via the Service (including details relating to the time of the download, any interruptions, and the success or failure of the downloads), the URL from which you accessed the Participating Website, demographic information, and other such ‘Personal Information’.

Treatment of Personal Information

For the purpose of Single- Sign-On, certain personal data is stored centrally in a database and is available to our affiliates and service providers connected with the operation of Participating Websites.
VIVA collects your Personal Information to enable us, amongst other things, to provide the Participating Website and our Services to you. We take all steps reasonably necessary to protect against the unauthorised access, use, alteration, disclosure or destruction of Personal Information. If VIVA is sold to a third party, or VIVA otherwise becomes subject to a merger, consolidation or acquisition, it would become necessary for us to transfer your Personal Information to a third party, and in such case VIVA would require that the third party handles your Personal Information with no less care than taken by us.
If you decide to opt-in to our mailing list, you’ll receive emails that may include company news, updates, related product or service information, etc. You can unsubscribe from our email list at any time by following the instructions included at the bottom of each email, or by contacting us via our Participating Website.
Other than as may be required in order to operate the Participating Website, or as otherwise described in the Participating Website Terms and Conditions or these Terms, we disclose your Personal Information to third parties only as reasonably required to protect the rights and safety of ourselves and Participating Website users or as required by law enforcement authorities. VIVA’s operational purposes include, without limitation:
VIVA use of other companies and/or individuals to perform functions on its behalf (e.g. providing customer service, domestic or international data hosting/storage services on cloud or otherwise), and in such circumstances these companies or individuals will be provided access to only such Personal Information required to fulfill their functions (and only on the agreement that they not use your Personal Information for any other purposes); and
Purposes intended to deliver publications to you, verify your account information, verify access to publications, determine whether you meet the minimum system requirements for use of the Service, provide you tailored content and instructions, targeted promotions, provide customer support, and seek your input regarding VIVA and the Participating Website.
To keep your Personal Information safe, we ensure that sensitive and private data exchanges between you and Participating Website happen over a Secure Sockets Layer (SSL)-secured communication channel, and are encrypted and protected with digital signatures. SSL-secured communication channels are specially designed to protect personal and sensitive information (payment details), which is sent over the internet.
Apart from aforesaid, we may use third party service providers to help us operate our business, the Participating Website, or administer activities on our behalf, such as sending out newsletters or surveys. We will only share your information with these third parties for those limited purposes if you’ve given us your permission to do so.
You may review or update the Personal Information that VIVA holds in respect of your account by contacting VIVA at help@myviva.com

Cookies

VIVA may use cookies, or other technologies, to remember Personal Information or General Information when you use the Participating Website. Cookies are small files or records that VIVA may place on your web browser for collecting information about your activities on the Participating Website, preparing reports, assessing trends, in order to determine relevant interest based advertisements to serve the customers and otherwise monitoring the way in which the Participating Website is being used. VIVA may also use services hosted by third parties, to assist for these matters which may collect information, such as your IP address, sent by your browser or via cookies. This is intended to enhance convenience for you, and to assist VIVA to run an efficient operation
The use of cookies is relatively standard. Most browsers are initially set up to accept cookies. However, if you prefer not to store cookies, you can choose to:

• not use Participating Site
• set your browser to notify you when you receive a cookie
• set your browser to refuse to accept cookies
• delete our cookies after visiting Participating Site
• browse our site using your browser’s anonymous usage setting
  

By accepting the Terms, you confirm your consent to VIVA’s use of cookies, and other such technologies, for these purposes.
Any information that we collect and store that is personally identifiable is protected using appropriate means, and although VIVA does so, it will not be held responsible for any unauthorised access by third parties.
The Participating Website may contain links to other websites. Please be aware that VIVA is not responsible for the privacy practices of third party websites (Participating Websites excluded) not operated by VIVA, and cannot guarantee the security of any of your Personal Information collected there. VIVA encourages you to read the privacy statements of each and every third party website that collects your Personal Information.
If you have any questions or feedback about the Privacy Policy, contact us at support@VIVA.com.

1. What personal data we collect about you

I. The Personal Data we collect, or may already have in our records, about you may be broadly described in following categories:

II. This information helps us to better understand our users, improve the layout and functionality of the Participating Website/s usage habits, frequency of visits or characteristics of our customer base, and to serve any other business purposes.

2. For what purposes do we collect your personal data?

We collect your personal data for the following purposes:

3. How we collect your personal data

We collect your Personal Data when you register online, update your account, log-in, place an order, communicate with our customer service representatives, interact with our staff/representatives, shop online, request a catalogue, opt-in to receive our marketing communications, participate in a contest, promotion or survey or join our social networking sites. We may also collect Data from you in our stores or through our catalogues or other marketing material.

4. Sharing your personal data

We will not sell your Personal Data to third parties. We may, however, share selected Personal Data within Landmark Group Entities and with third parties (“Processors”) such as

a. our franchisors;
b. delivery companies and service providers for purposes including but not limited to

• storage and analysis;
• protecting and securing our systems;
• providing search results and links;
• providing customer service & credit analysis;
• profiling, user analysis, software services and payment processing; and
• providing warehousing service, processing your payment and managing your order including delivery and returns;

c. retail, security, analytics and marketing partners;
d. supplier of products and services;
e. purchasers and their advisors following a sale of all or part of our business, so that they can continue to provide services to you;
f. third party databases to which Landmark Group and/or one of our brands subscribes;
g. government bodies or other authorities if necessary to comply with regulations or law or to assist with law enforcement, or to protect our property and other rights;
h. agencies who help us collate statistics about site traffic, sales, demographics and other commercial information to enable us to tailor the services we provide to you and other customers;
i. advertising and media agencies – we partner with media agencies that run advertising campaigns. While we do not share your Personal Data directly with these agencies, we may securely share limited data with these advertising platforms to enable targeted advertising across our Participating Website/s and external platforms;
j. in certain cases to Sub-processors through Processors; and
k. other organisations in the following circumstances:

• if any applicable law or public authority states we must share the Personal Data;
• if we need to share Personal Data in order to establish, exercise or defend our legal rights (this includes providing Personal Data to others for the purposes of preventing fraud and reducing credit risk);
• to an organisation to which we sell or transfer (or enter into negotiations to sell or transfer) any of our businesses or any of our rights or obligations under any agreement we may have with you. If the transfer or sale goes ahead, the organisation receiving your Personal Data may continue to use your Personal Data on the basis of this Notice unless and until they agree to other terms with you;
• to any other successors in title to our business; or
• to anyone to whom we transfer or may transfer our rights and duties under our agreement with you

The Personal Data will be shared with the above on the condition that they have access to only such Personal Data required to fulfil their obligations and only on the agreement that they do not use your Personal Data for any other purposes.

5. For how long we retain your personal data

We will retain your Personal Data for as long as it is legally required, and to support the purposes for which it was obtained. We will then dispose of it promptly and securely.

6. Where we process your data

Your Personal Data is processed/maintained in our country of incorporation, territory where Landmark Group Entities operate or in any other places where the parties involved in the processing are located. It means that your Personal Data may be transferred and maintained outside your country of residence or our country of incorporation. If the data is transferred to any third-party organization for processing, then the appropriate assessments will be conducted to ensure the organizations have implemented appropriate security and privacy controls. Your consent to this Privacy Policy followed by submission of requested Personal Data indicates assent for such data transfer.

7. Marketing opt-in and opt-out provisions

When you opt in for receiving marketing communications, you are consenting to receiving promotional communication from us. You can opt-out or unsubscribe from our marketing communications for products, new products, offers and promotions by following the OPT-OUT instructions in the e-mails or SMS or any other channel. In addition, at any time you may access the OPT OUT section on the Participating Website/s and choose to unsubscribe (opt-out) or send an e-mail to our Data Protection Team at privacy@landmarkgroup.com. We will make commercially reasonable efforts to implement your opt-out requests promptly.

8. Protection of personal data

a. We store all Personal Data on a secure server, and we use procedures designed to protect Personal Data against accidental or unauthorized access, destruction, use, modification, alteration or disclosure. We will seek to ensure that your Personal Data is kept confidential and secure in accordance with this Privacy Policy, and that the appropriate technical and organizational measures to prevent unlawful or accidental destruction, accidental loss, unauthorized disclosure or access or other unlawful forms of processing are implemented.

b. To keep your Personal Data safe, we ensure that sensitive and private data exchanges between you and Participating Website/s happen over a Secure Sockets Layer (SSL)-secured communication channel and are encrypted and protected with digital signatures. SSL-secured communication channels are specially designed to protect Personal and Sensitive Data (payment details), which is sent over the internet.

9. Special category data

a. We do not collect Personal Data from anyone under the age of 18 years without the consent of the parent / legal guardian. However, it is not possible for us to prevent children, from fraudulently representing their age in order to gain access to the Website/s. If you are a parent / legal guardian and you are aware that your child/ward has provided us with Personal Data without your consent, please contact us immediately as described in Clause 15 of this Privacy Policy.

b. If you are providing or have already provided Personal Data of your child/ward, you are providing us with your affirmative parental consent as the legal parent or guardian to collect, use and process the information of the child, consistent with this Privacy Policy.

c. In processing children’s Personal Data, we ensure the following safeguards:

• processing is clear, direct, safe, and free of fraud and is not misleading; and
• the extent of Personal Data we process is strictly limited to the purposes for which we collect such child’s Personal Data.

10. Your rights and choices

You have the following rights in relation to your Personal Data and you can exercise them by accessing the Participating Website/s or submitting a request at privacy@landmarkgroup.com.

• The right to be informed

You are entitled to be informed about how your Personal Data is used/processed in line with the Privacy Policy. Any use of Personal Data which is beyond the Privacy Policy shall be communicated to you.

• The right of access

You have the right to get a copy of your Personal Data being processed by us. Based on the request there might be reasonable fee proportional to the service you are receiving.

• The right to rectification

a. You have the right to update, amend, correct or request the deletion of the Personal Data collected by us about you.

b. It is important that the data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during the period for which we hold it.

• The right to erasure (right to be forgotten)

You have the right to have your Personal Data erased/deleted. Your request for the deletion of your Personal Data may not be entertained if we need to retain certain Personal Data to implement a legal obligation or when we have a lawful basis to do so.

• The right to lawful processing

You have the right to have your Personal Data protected and lawfully processed. We are responsible for protecting your Personal Data that we process, or that is processed on our behalf in accordance with the applicable data protection law and regulations.

• The right to withdraw consent

You have the right to withdraw your consent at any time. Upon withdrawal, we will cease processing your data.

• The right to object

a. You have the right to object to processing your Personal Data if such processing is not necessary to achieve the purposes for which such Personal Data has been collected or where such collected Personal Data is beyond the extent required, discriminatory, unfair or illegal.

b. In the event of objection, we will verify and confirm if the objection is valid. If valid objection exists, we will erase such data.

c. Your objection may not be entertained if we need to retain the data for a contractual or legal obligation, or to demonstrate that explicit consent was obtained.

• Rights in relation to automated decision making and profiling

We might use your Personal Data for profiling through internal mechanisms of filtering and Artificial Intelligence so we can recommend you better products and combinations.

11. Cookies

i. We may use cookies, or other technologies, to remember Personal Data or to provide you with relevant online advertising, when you use the Participating Website/s. Cookies are small files or records that we may place on your web browser for collecting information about your activities on the Participating Website/s, preparing reports, assessing trends, in order to determine relevant interest-based advertisements to serve the customers and otherwise monitor the way in which the Participating Website/s is being used.

ii. These Cookies may collect information about your online behaviour, such as your IP address, the website you arrived from and information about your purchase history or the content of your shopping basket. This means that you may see our adverts on our websites and on other organisations’ websites. To help us to deliver online advertising that is relevant to you, we may also combine data we collect through Cookies in the browser of your desktop computer or other devices with other data that we have collected (e.g. Loyalty program). We may also use services hosted by third parties, to assist for these matters which may collect information, such as your IP address, sent by your browser or via cookies.

iii. This is intended to enhance convenience for you, and to assist us to run an efficient operation. The use of cookies is relatively standard. Most browsers are initially set up to accept cookies. However, if you prefer not to store cookies, you can choose to:

a. not use Participating Website/s;
b. set your browser to notify you when you receive a cookie;
c. set your browser to refuse to accept cookies;
d. delete our cookies after visiting Participating Website/s; or
e. browse our Participating Website/s using your browser’s anonymous usage setting.

iv. By accepting the Privacy Policy, you confirm your consent to our use of cookies, and other such technologies, for these purposes. Any information that we collect and store that is personally identifiable is protected using appropriate means. The Participating Website/s may contain links to other websites. Please be aware that we are not responsible for the privacy practices of third-party websites (Participating Website/s excluded) not operated by us, and cannot guarantee the security of any of your Personal Data collected there. We encourage you to read the privacy statements of each and every third-party website that collects your Personal Data.

12. Aggregate data, data analytics and social media functionality

• We may aggregate your Personal Data and remove any identifying elements in order to analyse patterns and improve our marketing and promotional efforts, to improve our Services, to analyse Participating Website use, to improve our content and product offerings, and to customise our Participating Website’s content, layout, products and services, and we may appoint third parties to do this on our behalf, as set out above.
• We gather certain usage information like the number and frequency of visitors to our Participating Website/s. This information may include which webpage you just came from, which webpage you next go to, what browser you are using, your device and your IP address. We only use such data in the aggregate. This collective data helps us to determine how much our customers use parts of our Participating Website/s, and do research on our users’ demographics, interests, and behaviour to better understand and serve you.
• If you use buttons on our Participating Website/s linked to social media or similar sites (for example “Like” and/or “Share” buttons), content from our Participating Website/s may be sent back to that other website or service and, depending on your privacy settings, may be privately or publicly visible (for example to friends, followers, or generally to anyone who has access to your profile page).
• We may also use demographic information and details about your preferences that we collect when you use our services and/or our products, in aggregate form, to help us determine which customers use certain services and products, and to allow us to tailor these services/products and our marketing to specific user demographics and interests.
• We may share aggregate and anonymised information with our affiliates, business partners and third parties to improve our services and for advertising business and marketing practices.

13. Links and third-party privacy policies

Our Participating Websites may contain links to other websites or platforms operated by third-party organisations that have their own privacy policies. Please make sure you read the terms and conditions and privacy policies of the third-party organisation carefully before providing any Personal Data on a website or platform as we do not accept any responsibility or liability for websites or platforms of other organisations.

14. Change in the privacy policy

Changes in law or changes in our business may require changes to be made to the terms of this Privacy Policy from time to time so we encourage you to review this Privacy Policy updates periodically for any such changes. It is your responsibility to carefully read, agree to the Privacy Policy on each occasion you use the Participating Website/s, and your continued use of the Participating Website/s shall signify your acceptance to be bound by the latest Privacy Policy.

15. Contact us

If you have any concerns or comments about the processing of your Personal Data or this Privacy Policy, or if you want us to change information or preferences you provided to us, please contact us at:

privacy@landmarkgroup.com

16. Complaints

• If you think your rights have been breached in any way by us you can write to us at privacy@landmarkgroup.com.

• If you feel that we do not comply with applicable privacy rules you have the right to lodge a complaint with a competent data protection authority in your country of residence.

Disclaimer

In no event shall VIVA be responsible for any direct, indirect, special, incidental or consequential loss or damage, including without limitation, loss or damage by way of loss of profits, loss of business opportunity, business interruption or loss of information, however arising and whether in contract, tort or otherwise, which you may suffer in connection with or arising out of (a) your use of the Site or any linked website; or (b) your use of or reliance on information or any other material accessed through the Site including via any linked website.