VIA PRIVACY POLICY

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Effective Date: August 5, 2022

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This Privacy Policy governs our websites that display or link to this Privacy Policy (each, a “Site”), and it describes our privacy practices for the activities described in this Privacy Policy. Please read it carefully to learn how we collect, use, share, and otherwise process information relating to identified or identifiable individuals (“personal information” or “personal data”), and to learn about your rights and choices regarding such personal information. In this Privacy Policy, “we,” “us,” and “our” refer to Via Customer, Inc., 2000 Ashton Blvd Suite 100, Lehi, UT 84043and its affiliates.

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By visiting or using a Site, you agree to the collection, use, and disclosure of your personal information as described in this Privacy Policy, and agree to the Via Terms of Use, which are incorporated here by reference. If you do not agree, please do not access or use the Site.  

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Via is the controller of your personal data as described in this Privacy Policy, unless specified otherwise. This Privacy Policy does not apply to the extent we process personal data in the role of a processor or service provider on behalf of our customers, including where we offer to our customers various products and services through which our customers (or their affiliates): (i) sell or offer their own products and services; (ii) send electronic communications to others; or (iii) otherwise collect, use, share or process personal data via our products and services.

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For detailed privacy information related to a Via customer or a customer affiliate who uses our products and services as the controller, please contact our customer directly. We are not responsible for the privacy or data security practices of our customers, which may differ from those explained in this Privacy Policy.

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California Notice of Collection of personal information: Via collects personal information listed below under “Information We Collect” for the purposes described below under “Information Use.” To learn more about your California privacy rights, including your right to opt-out of the sale of your personal information, please scroll down to “Your California Privacy Rights.” 

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QUICK GUIDE TO CONTENTS 

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1. ACTIVITIES COVERED

2. INFORMATION WE COLLECT

3. INFORMATION USE

4. INFORMATION WE SHARE

5. YOUR CHOICES

6. EEA & UK RIGHTS NOTICE

7. YOUR CALIFORNIA PRIVACY RIGHTS

8. CHILDREN’S PRIVACY

9. DATA SECURITY

10. INTERNATIONAL TRANSFERS

11. REVISIONS TO THIS PRIVACY POLICY

12. HOW TO CONTACT US

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1. Activities Covered

This Privacy Policy applies to the processing of personal data collected by us when you:

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  • Visit or use a Site
  • Receive communications from us (but not communications from our customers using a Site) or otherwise communicate with us, including but not limited to emails, phone calls, texts or faxes;
  • Use our products and services as an authorized user (for example, as an employee of one of our customers who provided you with access to a Site) where we act as a controller of your personal data;
  • Visit our branded social media pages;
  • Visit our offices;
  • Register for, attend or take part in our events, webinars, programs or contests;
  • Act as or work for a service provider or supplier to Via, to the extent Via acts as a controller with respect to your personal data; or
  • Participate in surveys, research or other similar data collection facilitated by us.

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2. INFORMATION WE COLLECT

There are several ways we may obtain information about you, including through (A) information you provide to us directly; (B) information that we automatically collect; and (C) information we receive from third parties.  This includes data that identifies you personally whether directly (i.e. your name) or indirectly (i.e. information about your online use).

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Information You Provide

Via collects information from you when you choose to share it with us.  This may include when you visit a Site, log-in at a Site, request information from us, sign up for newsletters or our email list, fill out a survey, request customer support, or otherwise communicate with or contact us. The information we collect may include your biographical information (i.e., name, address, email address, telephone or mobile number, date of birth, and gender), registration information (i.e., username), geolocation information, and additional information collected in connection with event participation (i.e., emergency contact information).

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Information Automatically Collected

Whenever you visit or interact with a Site, we, as well as any third-party advertisers and/or service providers, may use cookies, web beacons, pixel tags, or other technologies to automatically or passively collect information about your online activity.

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Please note that we automatically collect the following information about you:

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  • Computer or Device. We may automatically collect your IP address or other unique identifier or information from the computer or device you use to access a Site, including the browser type, device type, operating system, software version, hardware model, mobile network information, and the domain name from which you accessed the Site.
  • Usage Information: We also may collect information about your use of a Site, including the date and time you visit a Site, the areas or pages of a Site that you visit, the amount of time you spend viewing or using the Site, the number of times you return to the Site, other click-stream or Site usage data, and other websites that you may visit.
  • Location. We collect general information about where traffic on a Site is coming from around the world. This is used at an aggregate level to create reports to better understand our engagement with users.
  • Third-Party Technologies. We may use third-party analytics and tracking tools to better understand who is using the Site, how people are using the Site, how to improve the effectiveness of the Site and related content, and to help us or those third parties serve more targeted advertising to you across the Internet. These tools may use cookies, web beacons, pixel tags, or similar technologies to automatically collect and store certain information. They may also combine information they collect from your interaction with the Site with information they collect from other sources.
  • “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site.
  • “Web beacons” are digital images we use to log information on our Site and in our emails. We use web beacons to manage cookies, count visits, and to learn what marketing works and what does not. We also use web beacons to tell if you open or act on our emails.
  • “Pixel tags” are a type of technology placed on a website or within the body of an email for the purpose of tracking certain activity, such as views of a website or when an email is opened. Pixel tags are often used in combination with cookies.
  • “Flash cookies” are used to store your preferences such as volume control or to display content based upon what you view on our websites to personalize your visit. Third-party partners who provide certain features on our websites, such as videos, may place Flash cookies on your device. Flash cookies are different from other cookies because of the amount of, type of, and way in which data is stored. Cookie management tools provided by your browser usually will not remove Flash cookies. To learn more about Flash cookies, who has placed Flash cookies on your device, and how to manage privacy and storage settings for Flash cookies click here. We do not permit third parties who place or track Flash cookies to use the personal information they collect for advertising or marketing purposes. Most web browsers are set to accept cookies by default. If you prefer, you can typically remove and reject cookies from a Site with your browser settings. If you remove or reject our cookies, it will affect how a Site works for you.
  • Analytics. We use analytics services to help analyze how users use a Site. These services use cookies and scripts to collect and store information such as how users interact with a Site, errors users encounter when using a Site, device identifiers, how often users visit a Site, what pages they visit, and what other sites they used prior to coming to a Site. We use the information we get from Google Analytics only to improve the Sites. Please see the following links for more information about Google Analytics: http://www.google.com/privacy_ads.html, http://www.google.com/privacy.html, and http://www.google.com/analytics/tos.html. We do not tie the information gathered using third-party analytics to your personally identifiable information.

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To learn more about your advertising choices relating to the collection and use of your automatically collected information, please see the Your Choices section below.

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Information Collected From Other Sources

We may acquire information about you from our partners and service providers (including, for example, business partners, analytics vendors, and advertising networks). We use the information we collect from other sources to help us maintain the accuracy of the information we collect, personalize your experience with the Site, target our communications so that we can inform you of products and services or other offers that may be of interest to you, to measure ad quality and responses, and for internal business analysis or other business purposes.

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Combination of Information

We may combine the information we receive from and about you, including information you provide to us and information we automatically collect through a Site, as well as information collected offline, across other computers or devices that you may use, and from third-party sources.

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3. INFORMATION USE 

Via may use the information we collect from and about you for a variety of business purposes, including:

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  • To operate the Site, including the ability for customers to log-in to a Site;
  • To fulfill your registration requests for events, experiences, or other programs, including events or programs organized by third parties;
  • To respond to your inquiries, and contact and communicate with you when necessary; and
  • To protect the security or integrity of the Site and our business, such as by protecting against and preventing fraud, unauthorized transactions, claims and other liabilities, and managing risk exposure, including by identifying potential hackers and other unauthorized users.

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Via may also use your information for commercial purposes, such as:

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  • To enhance your online browsing experience, including as a way to recognize you and welcome you to the Site;
  • To review the usage and operations of a Site, develop new products or services, and conduct analysis to enhance or improve our content, products, and services;
  • To provide you with customized advertising on the Site, across other websites, online services, or platforms, and through direct marketing;
  • To contact you with information, newsletters and promotional materials from Via or on behalf of our partners and affiliates; and
  • To use your data in an aggregated non-specific format for analytical and demographic purposes. (this processing may involve profiling – for example to create audiences based on demographic or location-based information for marketing and customization purposes);

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Additionally, we may use your information for other purposes disclosed at the time you provide your information or otherwise with your consent. We are committed to protecting and maintaining the privacy of your information. Therefore, we will process your data only in accordance with applicable data protection law and this Privacy Policy. We will have a lawful basis for processing your data if:

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  • we are legally obliged to process it;
  • we need to process your information in order to provide you with the products or services you have requested;
  • you have consented to such processing; and/or
  • we have a legitimate interest for processing your data – e.g., for fraud prevention; direct marketing; network and information systems security; data analytics; enhancing modifying or improving a Site; identifying usage trends; determining the effectiveness of promotional campaigns; and personalization of the Site.

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4. INFORMATION WE SHARE

We may share the information we collect from and about you as described below.

  • Our Affiliates: We may share your information with Via affiliates and subsidiaries for business, operational, promotional and marketing purposes.
  • Service Providers: We may share your information with our service providers that provide business, professional, marketing, analytics, or technical support functions for us, help us operate our business and the Site, or administer activities on our behalf.
  • Legal Obligations; Safety: We may access and disclose your information to respond to subpoenas, judicial processes, or government requests and investigations, or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law. We may disclose your information to protect the security of a Site, servers, network systems, and databases. We also may disclose your information as necessary, if we believe that there has been a violation of our Terms of Use, any other legal document or contract related to a Site, or the rights of any third party.
  • Sale or Transfer of Business or Assets: We reserve the right to transfer your Personal Information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, diligence, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets.
  • Aggregate or Anonymous non-personal information: We may also share aggregate, anonymous, or de-identified non-personal data with third parties for their marketing or analytics uses.

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Other: We also may share your information as disclosed to you at the time of collection.

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5. YOUR CHOICES

Advertising Choices

Certain parts of a Site may require cookies, pixels, or similar technologies. For example, we may use cookies or other technologies to deliver more relevant advertising and to link data collected across other computers or devices that you may use. To learn more about the cookies in use on Sites or to exercise your preferences for the Sites, use our cookie preference tool found by clicking “Manage Cookie Preferences” in our website footer. You may also adjust your device or Internet browser settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features or take full advantage of all of our offerings. Please refer to your device’s settings or your Internet browser’s “Help” section for more information on how to delete and/or disable your device or browser from receiving cookies or controlling your tracking preferences. On some Sites, our system may not respond to Do Not Track requests or headers from some or all Internet browsers.

To understand your advertising choices for receiving more relevant advertising provided on the Site or across other websites and online services, please review the information below:

  • To learn more about such interest-based advertising, and to opt-out of such collection and use for interest-based advertising by the Digital Advertising Alliance (DAA) participating companies, please visit http://www.aboutads.info/choices/.
  • To opt-out from the use of information about your online activities for interest-based advertising by Network Advertising Initiative (NAI) member companies, please visit http://www.networkadvertising.org/choices/.
  • To opt-out of the use of your mobile device ID for targeted advertising, please see http://www.aboutads.info/appchoices.
  • On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising.

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Even if you opt-out, you still may receive advertising from us that is not customized for you or from companies that do not participate in the DAA or NAI.

Analytics Choices

If you wish to prevent your data from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on available here.

Direct Marketing Choices

To opt-out of direct marketing communications, you may:

  • Send us an e-mail at privacy@viacustomers.com. 
  • Contact us by mail at the address below in the “Contact Us” section, or
  • Unsubscribe from our email communications at any time by unsubscribing or following the instructions contained within the email.

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If you receive marketing communications from one or more Via affiliates, you must opt-out individually from each of the affiliates from which you are receiving brand-specific marketing communications.

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6. EEA & UK RIGHTS NOTICE

We respect your privacy rights and provide you with reasonable access and rights to the personal data that you may have provided through your use of the Site. If you live in the European Economic Area (“EEA”) or United Kingdom (“UK”) and wish to access, amend, delete, or transfer any personal data we hold about you, you may contact us as set forth in the “Contact Us” section. In some cases, you may also update your registration information or preferences by accessing your account settings page on Sites.

At any time, you may object to the processing of your personal data in our legitimate interests, except if otherwise permitted by applicable law. If you believe there has been a violation of your privacy rights, please contact us as set forth in the “Contact Us” section below. You also have a right to lodge a complaint with your local data protection authorities.

You may decline to share certain personal data with us, in which case we may not be able to provide to you some of the features and functionality of the Site.

We will retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for analytics purposes, in which case we may use this information indefinitely without further notice to you.

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7. YOUR CALIFORNIA PRIVACY RIGHTS

Your Rights

If you are a California resident, you may take advantage of the following rights:

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  • Right to Know: If you are a California resident, you may request, up to two times each year, that we disclose to you the categories and/or the specific pieces of personal information that we collect, use, disclose, and may sell. We will respond to your request within 45 days unless we need additional time, in which case we will let you know.
  • Right to Delete: Subject to certain exceptions, you may request that we delete personal information that we have collected from you. There are some reasons we will not be able to fully address your request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, or to comply with a legal obligation.
  • Shine the Light: You may request and obtain from us once a year, free of charge, information about our disclosure of personal information to third parties or affiliated companies for their direct marketing purposes.
  • Right to Opt-Out: As described below, we share personal information with certain third parties, including to enable personalized advertising on the Sites. You may request to opt out of these “sales” (as defined by California law) of personal information at any time using the Do Not Sell My personal information link at the bottom of this page, or by using the contact details provided below.

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To make a request, please contact us by email at privacy@viacustomers.com, or at (385) 287-6959. If you send a written request, you must put the statement “Your California Privacy Rights” in the subject field. We are not responsible for notices that are not labeled or sent properly, or do not have complete information. We may take steps to verify your identity before responding to your requests to know or delete your personal information by asking questions about your interactions with us.

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You have the right to use an authorized agent to submit your requests. Please direct your agent reach out by email at privacy@viacustomers.com, or at (385) 287-6959. Authorized agents must submit proof of the consumer’s signed authorization to make a request. We may require you to verify your identity directly with us prior to fulfilling your authorized agent’s request.

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If you exercise any of the foregoing rights, we will not discriminate against you, including by denying access to our products or services or restricting your access to products or services of a certain quality or price level.

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CCPA Disclosures

Pursuant to the California Consumer Privacy Act (CCPA), and in addition to the disclosures elsewhere in this Privacy Policy, this section describes the types of personal information that we collected, disclosed for business purposes, or sold to third parties in the last 12 months.

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  • Personal information Collected:

Biographical information / identifiers, characteristics of protected classifications under California or federal law (i.e., gender, age), internet or other electronic network activity information, geolocation information, visual information, and inferences drawn from the above. For more information about the information that we collect, please see “Information We Collect,” above. The sources of the information are the consumer, our business customers and partners, analytics providers, advertising partners, social networks, service providers, and third party photographers.

  • Disclosure of personal information:

In the last 12 months, Via has disclosed the following categories of personal information to its service providers, contractors, and vendors for business purposes: Biographical information / identifiers, characteristics of protected classifications under California or federal law (i.e., gender, age), internet or other electronic network activity information, geolocation information, education information, visual information, and inferences drawn from the above. To learn more, please see “Information We Share” above.

  • “Sale” of personal information:

The CCPA also provides California residents with the right to opt out of the “sale” of personal information.  Based on the definition of “sell” under the CCPA and under current regulatory guidance, we do not sell personal information. 

Please note that we also do not knowingly sell the personal information of minors under 16 years of age without legally required affirmative authorization.

8. CHILDREN’S PRIVACY

Protecting children’s privacy is important to us. We do not direct the Site to, nor do we knowingly collect any personal information from, children under the age of sixteen.  If we learn that a minor has provided personal information through the Site, we will use reasonable efforts to remove such information from our files.

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9. DATA SECURITY

We have taken certain physical, administrative, and technical steps to safeguard the information we collect from and about our customers and Site visitors. While we make every effort to help ensure the integrity and security of our network and systems, we cannot guarantee our security measures.  

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10. INTERNATIONAL TRANSFERS

Your personal data may be collected, transferred to, and stored in the United States by us and by our affiliates and third-parties that are based in other countries.

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Therefore, your personal data may be processed outside your jurisdiction, including in countries and jurisdictions that are not subject to an adequacy decision by the European Commission or your local legislature or regulator, and that may not provide for the same level of data protection as your jurisdiction. We ensure that the recipient of your personal data offers an adequate level of protection and security, for instance by entering into the appropriate back-to-back agreements and, if required, standard contractual clauses or an alternative mechanism for the transfer of data as approved by the European Commission (Art. 46 GDPR) or other applicable regulators or legislators. Where required by applicable law, we will only share, transfer or store your personal data outside of your jurisdiction with your prior consent.

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To find out more about how we safeguard your information (including the mechanism(s) involved) in relation to transfers outside the EEA, please contact us via the details provided in the “Contact Us” section below.

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11. REVISIONS TO THIS PRIVACY POLICY

We reserve the right, at our sole discretion, to change, modify, add, remove, or otherwise revise portions of this Privacy Policy at any time. When we do, we will post the change(s) on the Site.  Your continued use of the Site following the posting of changes to these terms means you accept these changes.  If we change the Privacy Policy in a material way, we will provide appropriate notice to you.

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12. HOW TO CONTACT US

If you have any questions or concerns about this Privacy Policy or the practices described herein, you may contact us at legal@viacustomers.com or by mail to:

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Via Customers, Inc.

2000 Ashton Blvd #100

Lehi, UT 84043

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Attention: Legal

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