Privacy & Cookies
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
• Account means a unique account created for You to access our Service or parts of our Service.
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to VIVID GOLD DIGITAL LLC, DELEWARE, USA.
• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• Country refers to: DELEWARE, USA
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Personal Data is any information that relates to an identified or identifiable individual.
• Service refers to the Website.
• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• Website refers to VIVID GOLD DIGITAL, accessible from https://vividgold.africa/.
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Usage Data
VIVID GOLD DIGITAL processes Personal Data in accordance with applicable laws, including the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as „GDPR”).
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
The purpose, legal backgrounds and period for processing your data for specific purposes are as follows:
Processing of Personal data in order to perform a contract on the VIVID GOLD DIGITAL -User line (these agreements are usually regulations that the User accepts before using a given service), including providing services to Users, matching the services to the needs of Users, analysing and improving the services and ensuring the security of the services (hereinafter “performance of the services”)- the legal background is art. 6 par. 1 b) GDPR – necessity to perform the contract to which the User is a party; Personal Data will be processed by period: until the termination of the relevant contract between the User and VIVID GOLD DIGITAL, with the provision that sometimes, these data can be processed also after the expiration of this contract, but only if it is allowed or required under applicable law e.g. processing for statistical, billing or claims purposes.
Processing of Personal data in order to carry out statistical measurements (hereinafter “statistics”), marketing (including analysing data for marketing purposes) of the administrator`s products and services (hereinafter also “own marketing”)- the legal background is art. 6 par. 1 f) GDPR- the legitimate interest of the Controller. Personal Data will be processed until the application of effective opposition.
Processing of Personal data for the marketing purposes (analysing data for marketing purposes) relating to the products and services of third parties (also referred to as “third parties marketing”)- the legal background is art. 6 par. 1 a) GDPR- voluntary consent. Personal Data will be processed until withdrawal of consent.
Processing of Personal data in order to deliver the newsletter from VIVID GOLD DIGITAL through User’s account on the Platform. Newsletter may contain content tailored to User’s interests, based on User’s activity and viewed content. The legal background in case of newsletter is art. 6 par. 1 a) GDPR- voluntary consent. Personal Data will be processed until withdrawal of consent.
Processing of Personal data for in order to comply with applicable laws (anti-money laundering obligations, protecting VIVID GOLD DIGITAL’s rights. The legal background is art. 6 par. 1 f) GDPR- the legitimate interest of the Controller. Personal Data will be processed by period: until the termination of the relevant contract between the User and VIVID GOLD DIGITAL, with the provision that sometimes, these data can be processed also after the expiration of this contract, but only if it is allowed or required under applicable law.
Tracking Technologies and Cookies
• Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
• Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
We use both Session and Persistent Cookies for the purposes set out below:
• Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
• Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
• Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
• To manage Your requests: To attend and manage Your requests to Us.
• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
• With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data
The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.
RIGHTS OF THE USER
The User has the following rights in relation to the processing of his Personal data by VIVID GOLD DIGITAL:
The right of access to Personal data:
At the User`s request, VIVID GOLD DIGITAL will confirm what Personal data of the User VIVID GOLD DIGITAL processes and provide User with a copy of such data. In any case, the registered User has access to Personal data provided to VIVID GOLD DIGITAL through the User`s account on the Platform.
The right to rectify Personal data:
In case the User`s Personal data is inaccurate or incomplete, the User may demand from VIVID GOLD DIGITAL correcting or supplementing them. In any case, the registered User has the option of correcting User’s Personal data through the User`s account on the Platform.
The right to erase Personal data (in certain situations):
In certain situations, the User may claim VIVID GOLD DIGITAL to remove Personal data processed by VIVID GOLD DIGITAL (eg. when data is no longer required to provide services by VIVID GOLD DIGITAL).
The right to limit the processing of the Personal data:
The User may demand in certain situations that VIVID GOLD DIGITAL temporarily suspend processing of his Personal data (e.g., not sending marketing information to the email address provided). For example, a user may request to restrict the processing of his Personal data when he objects to the processing or when he questions the correctness of the data. Despite the restriction of processing, VIVID GOLD DIGITAL will still be entitled to hold Personal Data.
The right to request the transfer of Personal data:
In certain situations (eg. in relation to data processed on the basis of consent), the User also has the right to receive Personal Data processed by VIVID GOLD DIGITAL in a structured, commonly used machine-readable format to transfer this data to another Controller.
The right to object to the processing of Personal Data:
The User may demand that VIVID GOLD DIGITAL cease processing his personal data when:
– VIVID GOLD DIGITAL processes User`s personal data based on the legitimate interest of his or her third party, except in situations where these interests are superior to the interests, rights and freedoms of the User,
– User`s data are processed for direct marketing purposes,
– Processing includes automated decision making towards the User, including profiling.
The right to lodge a complaint with the supervisory body dealing with the protection of personal data:
The User who is not satisfied with the way VIVID GOLD DIGITAL processes Users Personal Data shall contact VIVID GOLD DIGITAL at firstname.lastname@example.org and if the answer will not meet User’s expectations, the User can file a complaint to the appropriate Personal Data Protection Authority in the User’s country of residence.
The right to withdraw consent in the scope in which Personal data are processed on this basis:
The withdrawal of consent does not affect the lawfulness of the processing of the personal data in the period from the date of consent to the processing personal data until the date of withdrawal of this consent.
Usage, Performance and Miscellaneous
We may use third-party Service Providers to provide better improvement of our Service.
• Google Places
Google Places is a service that returns information about places using HTTP requests. It is operated by Google
Google Places service may collect information from You and from Your Device for security purposes.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
• By visiting this page on our website: https://vividgold.africa/contact-us
• By email: email@example.com
• By what’s app chat: +254 715650206