TERMS OF SERVICE

Last modified: 15th June 2018

In order to provide our Services (as defined below) through our apps, services, features, software, or website, we need to obtain your express agreement to our Terms of Service (“Terms“). Please read our Terms to understand your rights, and ours, when using VooduVibe.

You agree to our Terms by registering, installing, accessing, or using our apps, services, features, software, or website (collectively, “Services”). Our Terms apply to all visitors, users, and others who access our Services (collectively, “Users“). When we say “VooduVibe,” “our,” “we,” or “us,” we are talking about VooduVibe Inc.

Our Services

VooduVibe is the next generation of social networking platforms that offers a fun, exciting, and spontaneous way to meet new people and make instantaneous in-person connections with other users in your line-of-sight. With VooduVibe we allow you to explore the world around you in an unprecedented way while our matching algorithm evaluates your social, professional, and romantic compatibility with other users you encounter.

VooduVibe provides peer-to-peer user discovery, digital event networking management, chat, media and content sharing, and other services to private and commercial users around the world.

Our Services are built on the principles of consent, control, and transparency. In practice, this means that (a) we will seek your consent to use your information consistent with these Terms, our Privacy Policy, our Cookies Policy, and where applicable, our VooduVibe My Business Additional Terms; (b) we will endeavour to provide you with innovative controls to manage your information; and (c) we will always be transparent with you about what information we collect and how we use it.

VooduVibe relies on two core connectivity protocols to offer you a truly unique social experience:

  • Close Proximity User Detection: VooduVibe’s Mingle feature (“Mingle”) uses proximity detection to allow you to discover, explore, and instantaneously interact with, and meet, other Users within your line-of-sight (within Bluetooth range).
  • Event Driven User Detection: VooduVibe’s Socialite feature (“Socialite”) detects and allows interactions between Users in social and professional events. Each event has a unique QR code generated by the event organizer which, when scanned, allows Users at that event to discover, explore, and interact with each other.

By using our Services, you understand and consent that we are providing you a platform to:

  • Discover and Interact with New People: Our Services are uniquely designed to allow you to initiate and receive spontaneous communications (messages, photos, and video) from other VooduVibe Users who are either within your line-of-sight (when using our Mingle feature), or within proximity of your location (when using our Socialite feature). Because VooduVibe promotes an open environment where people can interact and get to know each other freely, most Users you encounter using our Services will not be known contacts (“non-contacts”).
  • To create a safe environment for you to discover, explore, and interact with new people when using our Services, we have created roaming profiles that are customized to limit the amount and type of personal profile information available to non-contacts, as follows:
  • Social Roaming Profile: Your Social Roaming Profile is automatically enabled when you engage with non-contacts through our Mingle feature, or when you enter a social event using our Socialite feature. The information contained in your Social Roaming Profile is limited to your alias name (not full name), day and month of your birth, and your astrological and Chinese zodiac signs. However, based on what you elect to make public in your privacy settings, you may also allow non-contacts to view other personal information that you voluntarily provide for the purposes of either building your profile or enabling some, or all, of the compatibility features offered through our Services.
  • Professional Roaming Profile: Your Professional Roaming Profile is only visible when you enter professional events through our Socialite feature. It is intended to allow you to network effectively in a professional setting. Users at such events, whether they are your VooduVibe contacts or not, will be able to view your full name, professional profile picture, job title, employer name, employer location (city and country), employer industry and speciality, employer website, and your professional profile summary.

Note that your Social and Professional Roaming Profiles are subsets of your more comprehensive personal profile (“Personal Profile”), which is only exclusively accessible and visible to your VooduVibe contacts.

Please be careful with your personal information and make sure that you are comfortable with the content you and we are sharing since neither you nor we can control what others do with your information once you share it. Users with whom you communicate may store or share your information (including your phone number or messages) with others on and off our Services. You can use your privacy settings and the block and report features on our Services to manage some of the information you share, and with whom you share it. Please carefully read our Privacy Policy, which describes the information we collect, why we collect it, how it is used, and your rights and choices regarding your information.

  • Share Messages: We have built VooduVibe’s Messenger functionality on the Matrix.org API (“Matrix”), an open standard decentralized and encrypted messaging protocol. Our Messenger service allows you to share messages, photos, and videos with your VooduVibe contacts and other Users via direct messaging and broadcasts. VooduVibe uses end-to-end encryption which means that your messages, photos, and videos, are automatically secured. Only you and the person you’re communicating with can read what is being sent, and nobody in between, not even VooduVibe can read your conversations. Because VooduVibe provides you with the client interface to communicate through the Matrix protocol, we do not own your conversation history nor does any other third-party vendor, server, or network. Your conservation history is owned by you and is decentralised and encrypted over an open federation of servers. With that said, it is important to note that privacy of metadata is not currently protected from server administrators within the Matrix federation – a malicious Matrix server administrator can see who is talking to who, and when, but cannot see what is being said because the conversation is encrypted.
  • Organise and Enter Social and Professional Events: We allow you to create, enter, and administer social and professional events using the Socialite feature of our Services. Users participating in the event will be able to (a) view certain details and alerts about the event, (b) discover and view the roaming profiles of other Users attending the event, (c) send text, photos, and videos to these Users via direct messaging and broadcasts, and (d) invite Users to become contacts.
  • Share Content with Your Contacts: We allow you to post content on your personal profile page, including text, photos, and videos which are stored on our servers. Your posts are only visible to your VooduVibe contacts. This means that your contacts may search for, see, comment, like, copy, take snapshots of, use, or share any of the posts you make available through our Services.
  • View Compatibility Scores: We allow you to activate a number of social networking modes when using our Services, namely Socialize Mode, Romantic Mode, and Professional Mode. Should you choose to activate any, or all, of these modes, and provide the additional personal information required to enable them, our matching engine will generate relevant compatibility scores between you and other Users you encounter using our Mingle and Socialite features. Moreover, once the relevant additional personal information has been provided, we generate compatibility scores between you and your VooduVibe contacts, regardless of whether any of the social networking modes are activated or not. If you are uncomfortable with the use of compatibility scores, you can (a) refrain from activating any, or all, of the social networking modes, (b) refrain from entering the additional personal information required to enable them, or (c) refrain from using our Services.
  • Secretly Match Your Contacts: We allow you to secretly match your VooduVibe contacts with each other though our Secret Matchmaker feature. Similarly, we allow other Users to match you with their network of VooduVibe contacts. When Users are matched with each other through this feature, they each receive an anonymous invitation request which allows them to preview the Social Roaming Profile of the User they were matched with. If both Users accept the invitation request, they will be added to each other’s contact list and will be able to view each other’s full Personal Profile. Users who have specified their relationship status as “married” or “in a relationship” cannot be matched through this feature. The Secret Matchmaker feature offers a unique experience for our unattached Users, if you are uncomfortable with this feature please either decline such invitations or do not use our Services.
  • Promote Your Business: You can promote your business by creating a VooduVibe My Business (“VMB”) venue page (“Venue Page”, or “Page”), and by posting offers (“Offers”) relating to your business through our Services, in accordance with the VooduVibe My Business Additional Terms and consistent with these Terms and our Privacy Policy.
  • Register to Offers: You can register to take-up an Offer from a promoted venue through our Services. This means that the Venue Page owner and other authorized administrators of the Venue Page will receive your full name for the purposes of registering your interest in the Offer. In some cases where a reservation is required, they will also receive your mobile number in order to contact you to arrange or confirm your reservation, consistent with our Privacy Policy and in accordance with the VooduVibe My Business Additional Terms and these Terms.

About Our Services

Age: You must be at least 16 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). Our Services are not structured to attract anyone under the age of 16. If you are under 16, please do not use our Services. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

Registration: You must provide your full name, date of birth, gender, country, mobile phone number, and email address to create a VooduVibe account. This Personal Information is required at sign-up and is the only mandatory information required to create and activate your VooduVibe account. If you do not wish to provide this Personal Information, please do not use our Services.

Address Book: You may allow us to access the phone numbers and email addresses in your mobile address book on a regular basis, all in accordance with applicable laws, including those of both the Users of our Services and your other contacts. VooduVibe uses your address book to help you connect with your friends and other VooduVibe users. We do not download or store your address book on our servers. You confirm you are authorized to provide us such numbers to allow us to provide our Services.

Bluetooth: When you download and install VooduVibe, we use your device’s Bluetooth functionality to discover and alert you about nearby Users. Our ability to use your device’s Bluetooth functionality is core to the Services we provide. By using our Services, you understand and consent to our use of Bluetooth to provide our Services. If you do not wish to allow us to use Bluetooth for these purposes, please do not use our Services.

Location: If you give us permission, we may collect device location information to allow you to activate our Social Vibes feature. We use your location to alert you about nearby third-party offers posted by registered businesses through our VooduVibe My Business service. We use various technologies to determine location, including GPS, and Wi-Fi connections. If you decline permission for us to collect your geolocation, we will not collect it. Of course, if you do that, certain features may lose full functionality.

Media Content: If you give us permission to access your device’s camera, media library, and microphone, we may collect your photos and videos to allow you to have a truly unique social experience (for instance, if you want to add a profile picture, or share photos or video on our Services). If you do not provide these permissions, certain features and services may lose full functionality.

Privacy Settings: You can change your privacy settings to manage certain Personal Information available to other Users. In particular, you have significant flexibility to control the contents of your Social Roaming Profile, which by default only shows a limited amount of Personal Information. You can also manage your contacts, or use our block and report features to manage the Users with whom you communicate.

Devices and Software: You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. In order to use our Services, you consent to manually or automatically download and install updates to our Services. You also consent to our sending you notifications from time to time, as necessary to provide our Services to you.

Fees and Taxes: You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services.

Privacy policy and user data

VooduVibe cares about your privacy. VooduVibe’s Privacy Policy describes our information (including message) practices, including the types of information we receive and collect from you, how we use and share this information, and your rights in relation to the processing of information about you. The Privacy Policy sets out the legal bases for our processing of personal information about you, including the collection, use, processing, and sharing of such information, as well as the transfer and processing of such information to the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services.

Acceptable use of our services

Our Terms and Policies: You must use our Services according to our Terms and policies. If you violate our Terms or policies (including our Community Guidelines), we may take action with respect to your account, including disabling or suspending your account and, if we do, you must not create another account without our permission.

Legal and Acceptable Use: You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of VooduVibe, our Users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.

Harm to VooduVibe or Our Users: You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our Users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our Users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time; or (i) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner.

Safety; Your Interactions with Other Users: We strive to encourage a respectful experience for our Users through our Community Guidelines and afford our Users certain protections from harassment, abuse, bullying, and spamming through built-in features like the block user and report user functions. We are not responsible for the conduct of any user on or off our Services. You agree to use caution in all interactions with other Users, particularly if you decide to communicate off our Services or meet in person. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT VOODUVIBE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. VOODUVIBE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. VOODUVIBE RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

Keeping Your Account Secure: You are responsible for keeping your device and your VooduVibe account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

Third-party services

Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to interact with a share button on a third party’s website that enables you to send information to your VooduVibe contacts, or vice-versa. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

Licenses

Your Rights: VooduVibe does not claim ownership of the information that you submit through your VooduVibe account or through our Services. You must have the necessary rights to such information that submit through your VooduVibe account or through our Services and the right to grant the rights and licenses prescribed in these Terms.

VooduVibe’s Rights: We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission.

Your License to VooduVibe: To operate and provide our Services, you grant VooduVibe a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your Personal Profile, Social Roaming Profile, and Professional Roaming Profile; transmit your messages through an open standard decentralized and encrypted messaging protocol; and otherwise as described above and in further detail in our Privacy Policy).

VooduVibe’s License to You: We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Reporting third-party copyright, trademark, and other intellectual property infringement

To report claims of third-party copyright, trademark, or other intellectual property infringement, please visit our Intellectual Property Policy. We may take action with respect to your account, including disabling or suspending your account, if you infringe the intellectual property rights of others.

Disclaimers

WE WILL USE REASONABLE SKILL AND CARE IN PROVIDING OUR SERVICES TO YOU AND IN KEEPING IT A SAFE, SECURE, AND ERROR-FREE ENVIRONMENT, BUT WE DO NOT GUARANTEE THAT VOODUVIBE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “VOODUVIBE PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, OR CONTROVERSY (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOUR RIGHTS WITH RESPECT TO VOODUVIBE ARE NOT MODIFIED BY THE FOREGOING DISCLAIMER IF THE LAWS OF YOUR COUNTRY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT. IF YOU ARE A UNITED STATES RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Limitation of liability

OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES SHALL BE LIMITED TO LOSSES THAT ARE A REASONABLY FORESEEABLE CONSEQUENCE OF SUCH BREACH (EXCEPT IN RELATION TO DEATH, PERSONAL INJURY, OR FRAUDULENT MISREPRESENTATION) AND WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

YOUR RIGHTS WITH RESPECT TO VOODUVIBE ARE NOT MODIFIED BY THE FOREGOING LIMITATION IF THE LAWS OF YOUR COUNTRY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT.

Indemnification

If anyone brings a claim (“Third Party Claim”) against us related to your actions, information, or content on VooduVibe, you will, to the extent permitted by law, indemnify and hold the VooduVibe Parties harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach of our Terms or of applicable law; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Third Party Claim. Your rights with respect to VooduVibe are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.

Dispute resolution

If You Live in the European Region: If you are a consumer and habitually reside in a territory within the European Region, the laws of your territory will apply to any Claim you have against us that arises out of or relates to these Terms or our Services, and you may resolve your Claim in any competent court in your territory that has jurisdiction over the Claim. In all other cases, you agree that the Claim must be resolved in a competent court in Ireland that has jurisdiction over the Claim and that the laws of Ireland will govern these Terms and any Claim, without regard to conflict of law provisions.

If You Live Outside the European Region, United States, or Canada: If you are a consumer located outside the European Region, United States, and Canada, the laws of the country in which you reside will apply to any Claim you have against us that arises out of or relates to these Terms or our Services, and you may resolve your Claim in any competent court in that country that has jurisdiction over the Claim. In all other cases, you agree that the Claim must be resolved exclusively in the United States District Court for the Northern District of California or a state court located in San Mateo County, that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such Claim, and that the laws of the State of California will govern these Terms and any Claim, without regard to conflict of law provisions.

If You Live in the United States or Canada: If you are a VooduVibe user located in the United States or Canada, the “Special Arbitration Provision for United States or Canada Users” section below also applies to you. Please read that section carefully and completely. If you are not subject to the “Special Arbitration Provision for United States or Canada Users” section below, you agree that you will resolve any Claim you have with us relating to, arising out of, or in any way in connection with our Terms or our Services (each, a “Dispute,” and together, “Disputes”) exclusively in the United States District Court for the Northern District of California or a state court located in San Mateo County in California, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes. The laws of the State of California govern our Terms, as well as any disputes, whether in court or arbitration, which might arise between VooduVibe and you, without regard to conflict of law provisions.

Availability and termination of our services

Availability of Our Services: We are always trying to improve our Services. That means we may add or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time after a notice period of 30 days, where possible. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

Termination: Although we hope you remain a VooduVibe user, you can terminate your relationship with VooduVibe anytime for any reason by deleting your account by sending an email to support@vooduvibe.com. We may also modify, suspend, or terminate your access to or use of our Services anytime for suspicious or unlawful conduct, including for fraud, or if we reasonably believe you violate our Terms and policies (including our Community Guidelines) or create harm, risk, or possible legal exposure for us, our Users, or others. The following provisions will survive any termination of your relationship with VooduVibe: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” “Other,” and “Special Arbitration Provision for United States or Canada Users.” If you believe your account’s termination or suspension was in error, please contact us at support@vooduvibe.com.

Other

  • Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding VooduVibe and our Services and supersede any prior agreements.
  • We reserve the right to designate in the future that certain of our Services are governed by separate terms (where, as applicable, you may separately consent).
  • Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
  • You will comply with all applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on U.S. or non-U.S. government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, if you are currently listed on any U.S. or non-U.S. restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.
  • Our Terms are written in English. Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version prevails.
  • Any amendment to or waiver of our Terms requires our express consent. You have the right to terminate your relationship with VooduVibe at any time by deleting your account.
  • We may amend or update these Terms. Unless otherwise required by law, we will provide you at least 30 days’ notice of amendments to our Terms, which will give you the opportunity to review the revised Terms before continuing to use our Services. We will also update the “Last Modified” date at the top of our Terms. Changes to these Terms shall become effective no sooner than 30 days after we provide notice of planned changes. Please note that we may not be able to provide such notice for changes to these Terms that are required to address technical evolutions of our Services or for changes made for legal reasons, both of which will become effective immediately. Your continued use of our Services following the notice period of planned changes confirms your acceptance of our Terms, as amended. We hope you will continue using VooduVibe, but if you do not agree to our Terms, as amended, you must stop using our Services by deleting your account.
  • All our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third party. We hope you will continue using VooduVibe, but if you do not agree to such an assignment, you must stop using our Services by deleting your account.
  • You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
  • Nothing in our Terms will prevent us from complying with the law.
  • Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
  • If we fail to enforce any of our Terms, it will not be considered a waiver.
  • If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions, and the remaining portion of our Terms will remain in full force and effect.
  • We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract. Also, in certain jurisdictions, you may have legal rights as a data subject, and our Terms are not intended to limit such rights that may not be waived by contract.
  • We always appreciate your feedback or other suggestions about VooduVibe and our Services, but you understand that you have no obligation to provide feedback or suggestions and that we may use your feedback or suggestions without any obligation to compensate you for them.

Special Arbitration Provision for United States or Canada Users

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO OUR UNITED STATES AND CANADA USERS. IF YOU ARE A VOODUVIBE USER LOCATED IN THE UNITED STATES OR CANADA, YOU AND WE AGREE TO SUBMIT ALL DISPUTES TO BINDING INDIVIDUAL ARBITRATION, EXCEPT FOR THOSE THAT INVOLVE INTELLECTUAL PROPERTY DISPUTES AND EXCEPT THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. THIS MEANS YOU WAIVE YOUR RIGHT TO HAVE SUCH DISPUTES RESOLVED IN COURT BY A JUDGE OR JURY. THIS SECTION ALSO LIMITS THE TIME YOU HAVE TO BRING A CLAIM, INCLUDING THE TIME TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION. FINALLY, YOU MAY BRING A CLAIM ONLY ON YOUR OWN BEHALF, AND NOT ON BEHALF OF ANY OFFICIAL OR OTHER PERSON, OR CLASS OF PEOPLE. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN, OR HAVE YOUR DISPUTE HEARD AND RESOLVED AS, A CLASS ACTION, A CLASS ARBITRATION, OR A REPRESENTATIVE ACTION.

“Excluded Dispute” means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.

Federal Arbitration Act: The United States Federal Arbitration Act governs the interpretation and enforcement of this “Special Arbitration Provision for United States or Canada Users” section, including any question whether a Dispute between VooduVibe and you is subject to arbitration.

Agreement to Arbitrate for VooduVibe Users Located in the United States or Canada: For VooduVibe users who live in the United States or Canada, VooduVibe and you each agree to waive the right to a trial by judge or jury for all Disputes, except for the Excluded Disputes. VooduVibe and you agree that all Disputes (except for the Excluded Disputes), including those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration. VooduVibe and you agree not to combine a Dispute that is subject to arbitration under our Terms with a Dispute that is not eligible for arbitration under our Terms.

The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a Dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules.

Opt-Out Procedure: You may opt out of this agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing postmarked within 30 days of the later of: (i) the date that you first accepted our Terms; and (ii) the date you became subject to this arbitration provision. You must use this address to opt out:

 

Arbitration Opt-Out
VooduVibe Inc.
548 Market Street (#54602)
San Francisco, CA
94104-5401

 

You must include: (1) your name and residence address; (2) the mobile phone number associated with your account; and (3) a clear statement that you want to opt out of our Terms’ agreement to arbitrate.

Small Claims Court: As an alternative to arbitration, if permitted by your local “small claims” court’s rules, you may bring your Dispute in your local “small claims” court, as long as the matter advances on an individual (non-class) basis.

Time Limit to Start Arbitration: We and you agree that for any Dispute (except for the Excluded Disputes) we and you must bring claims (including commencing an arbitration proceeding) within one year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not bring a claim (including commencing an arbitration) within one year after the Dispute first arose, then the claim will be dismissed because it was started too late.

No Class Actions, Class Arbitrations, or Representative Actions for Users Located in the United States or Canada: We and you each agree that if you are a VooduVibe user located in the United States or Canada, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute.

Severability: If the prohibition against class actions and other Disputes brought on behalf of third parties is found to be unenforceable for a Dispute, then all of the provisions above under the caption “Special Arbitration Provision for United States or Canada Users” will be null and void as to that Dispute.

Place to File Permitted Court Actions: If you opt out of the agreement to arbitrate, if your Dispute is an Excluded Dispute, or if the arbitration agreement is found to be unenforceable, you agree to be subject to the applicable provision in the “Dispute Resolution” section set forth above.

PRIVACY POLICY

Last modified: 15th June 2018

Your privacy is a top priority for us as we extend our services to you, so thank you for trusting us with your information. Because we recognize that our VooduVibe community would cease to exist without you, we are committed to keeping your trust while ensuring that your experience on our platform is safe, respectful, and value accretive to your life. This starts with building our services on the principles of consent, control, and transparency. In practice, this means that (a) we will seek your consent to use your information, consistent with this Privacy Policy, our Terms of Service, our Cookies Policy, and where applicable, the VooduVibe My Business Additional Terms, (b) we will endeavour to provide you with innovative controls to manage your information, and (c) we will always be transparent with you about what information we collect and how we use it.

About this privacy policy

This privacy policy describes the information we collect, why we collect it, how it is used, and your rights and choices regarding your information.

We also explain the steps we take to protect your privacy, for example like (a) building VooduVibe’s messaging functionality on the Matrix.org API (“Matrix”), an open standard decentralized and encrypted messaging protocol; (b) giving you tools to manage who you communicate with on our Services; and (c) what information about you is visible to different types of Users. Please also read our Terms of Service, which describes the terms under which you use VooduVibe’s services.

We have tried our best to present this privacy policy in plain language, while keeping legal and technical jargon to a minimum.

Who we are

VooduVibe is the next generation of social networking platforms that offers you a fun, exciting, and spontaneous way to make meaningful in-person connections with other users in your line-of-sight.

With VooduVibe we allow you to explore the world around you in an unprecedented way while our matching algorithm evaluates your social, professional, and romantic compatibility with other users you encounter. Naturally, we can’t help you develop meaningful connections with other members of our VooduVibe community without showing some information about you, such as your basic profile information.

Scope of privacy policy

Unless otherwise stated, this Privacy Policy (“Privacy Policy”) applies to all our mobile apps, services, features, website, and any software provided on, or in connection with, VooduVibe’s offerings (collectively, “Services”). When we say “VooduVibe,” “our,” “we,” or “us,” we are talking about VooduVibe Inc, which is the (“data controller”) responsible for your information when you use our Services (see below for full contact details).

Our Policy applies to all visitors, users, and others who access our Services (collectively, “Users“).

General provisions

You must be at least 16 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). Our Services are not structured to attract anyone under the age of 16. If you are under 16, please do not use our Services. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms of Service (“Terms”) in your country, your parent or guardian must agree to our Terms on your behalf.

You are not obligated to provide us with personal information (“Personal Information”) beyond the limited data we need for you to register your account. However, a complete profile helps you stand out within our social community and makes our Services more relevant and useful to you.

Personal Information means individually identifiable information that would allow us, and Users of our Services, to determine the actual identity, and contact details, of a specific living person, including information, comments or content (e.g. photographs, video, profile, lifestyle) that you voluntarily provide when using our Services.

By providing Personal Information to us, you consent to the collection, use and disclosure of your Personal Information as described in this Privacy Policy and as permitted by applicable privacy laws.

Additionally, although we do not require you to provide any Sensitive Personal Information (such as race and ethnicity, or sexual orientation) to activate your account, please note that should you voluntarily choose to include such information on your profile it may be visible to others.

Moreover, if you choose to provide details about your dating preferences (which requires you to specify your gender preference) to activate certain optional features of our Services, your sexual orientation, though never explicitly visible on your profile, will nevertheless be discernible to other Users, but only those that (a) match your gender preference requirement; and (b) are of the same sexual orientation. In such a scenario, both you and the other User will see romantic compatibility scores against your profiles and thereby discern each other’s sexual orientation. You will never see romantic compatibility scores with Users that do not match your gender preference and sexual orientation. By using our Services in such a way, you understand and consent to the processing of your Sensitive Personal Information to allow us to provide you with these Services.

Information we collect

VooduVibe must receive or collect some information to operate, provide, improve, understand, customize, support, and market our Services, including when you install, access, or use our Services. The types of information we receive and collect depend on how you use our Services.

Information You Provide

  • Account Setup Information (Mandatory):You must provide your full name, date of birth, gender, country, mobile phone number, and email address to create a VooduVibe account. This Personal Information is required at sign-up and is the only mandatory information required to create and activate your VooduVibe account. If you do not wish to provide this Personal Information, please do not use our Services.
  • Proximity Information (Mandatory): When you download and install VooduVibe, we use your device’s Bluetooth functionality to discover and alert you about nearby Users. Our ability to use your device’s Bluetooth functionality is core to the Services we provide. By using our Services, you understand and consent to our use of Bluetooth to provide our Services. If you do not wish to allow us to use Bluetooth for these purposes, please do not use our Services.
  • Information About Contacts (Optional): Optionally, and with your expressed permission, you may allow us to access the phone numbers and email addresses in your mobile address book on a regular basis, including those of both the Users of our Services and your other contacts. VooduVibe uses your address book to help you connect with your friends and other VooduVibe users. We do not download or store your address book on our servers. You confirm you are authorized to provide us such numbers to allow us to provide our Services.
  • Location (Optional): If you give us permission, we may collect device location information to allow you to activate our Social Vibes feature. We use your location to alert you about nearby third-party offers posted by registered businesses through our VooduVibe My Business (“VMB”) service. We use various technologies to determine location, including GPS, and Wi-Fi connections. If you decline permission for us to collect your geolocation, we will not collect it. Of course, if you do that, certain features may lose full functionality.
  • Media Content (Optional): If you give us permission to access your device’s camera, media library, and microphone, we may collect your photos and videos to allow you to have a truly unique social experience (for instance, if you want to add a profile picture, or share photos or video on our Services). If you do not provide these permissions, certain features and services may lose full functionality.
  • Profile Information (Optional): To enhance your VooduVibe experience, you may also voluntarily add other Personal Information about yourself to your account profile, including profile pictures, alias, mood, inspirational statement, nationality, relationship status, height, interests, languages, personality type, education history, professional profile summary, current employer, and employment history. This additional Personal Information, as well as other Service Specific Profile Information (described below) can be completed at your discretion, in whole or in part, and allows you to create a more interesting profile for other Users to check out. Some information you choose to provide us might be considered Sensitive Information, for example your nationality, and gender preference. By choosing to provide this information, you consent to our processing of this information. If you are uncomfortable providing any of this Personal Information, please feel free to leave these fields blank.
  • Service Specific Profile Information (Optional Service Features): To access optional features and leverage the full functionality of VooduVibe, additional Personal Information will be required to activate these features on our Services.
    • Socialize Mode (Optional Service Feature): To activate Socialize Mode, you will need to specify your personality type and five personal interests. Your personality type is based on the 16 distinct personality types defined by the Myers-Briggs Type Indicator® (MBTI®) model. This Personal Information is used by our Services to calculate social compatibility scores between you and other Users. If you do not know your MBTI® personality type, you can take a free personality test offered by various websites on the internet. Alternatively, our Services provide you with a link to 16personalities.com, an unaffiliated website that allows you to take a free test to approximate your personality type. We do not have any private, commercial, or contractual relationship or arrangements with 16personalities.com, its owner NERIS Analytics Limited, or any of its officers, employees, or affiliates. Your use of the 16personalities.com website falls outside of the scope of our Terms and this Privacy Policy, and is subject to the terms (16personalities.com/terms) and privacy policy (16personalities.com/terms/privacy) specified by 16personalities.com.
    • Romantic Mode (Optional Service Feature): To activate romantic mode, you will need to specify your relationship status, personality type, and five personal interests as well as certain details about your dating preferences, including your gender preference, age group preference, height, and your height preference. You may also voluntarily add other preferences such as, educational level preference, and language preferences, in which case you will be required to specify your own level of education and your spoken languages. This Personal Information is used by our Services to calculate romantic compatibility scores between you and other Users.
    • Professional Mode (Optional Service Feature): To activate professional mode, you will need to provide a professional profile summary and current employment details, you may also voluntarily add details about your employment history (previous employers). This Personal Information is used by our Services to calculate professional compatibility scores between you and other Users.
  • Socialite Event Details (Optional Service): You provide certain details when you create a social or professional event through our Services. Should you choose to set-up a Socialite Event, you will need to provide such details as an event profile image, event title, event description, event type, dress code, venue name, venue country and city, contact phone number, organizer name, event date and timing, and specify the compatibility features you want to allow for the event. You may also voluntarily choose to include the full venue address, a website URL for the event, the names of invitees from your VooduVibe contacts, and the names of other VooduVibe contacts that you choose to share event administration rights with. We collect and analyse event-related data to (a) activate and customize the Socialite feature for you with the required functionality, (b) help us better understand how Users are using our Services, and (c) to enable us to enhance our digital event networking management user experience and offer further value-added services to our Users.
  • VooduVibe My Business Pages (Optional Service): If you are a business owner, or a duly authorised representative of a business, you must provide certain information about the business if you elect to create a VMB venue page through our Services. This includes business name and logo, venue photos, venue type and description, venue speciality, dress code, business hours, as well as location and contact details. You may also voluntarily include the business website URL, and names of other VooduVibe contacts that you choose to share VMB administration rights with. Should you elect to share your venue page administration rights with other VooduVibe contacts, it is your responsibility to ensure that they are duly authorised representatives of the business consistent with the requirements of the VooduVibe My Business Additional Terms. To promote offers through our Services requires you to provide further details about the offer including the name of the offer; offer details, such as discount rate and the discounted items; offer validity dates and times; and optionally you may include an offer description. You will also need to specify whether a reservation is required to allow Users to take up the offer. We collect and analyse all VMB-related data to (a) generate your VMB business page and increase your visibility to our Users, (b) promote your business by alerting nearby Users of any active offers related to your products or services, (c) help us better understand how Users are using our Services, and (d) to enable us to optimise our user experience and offer further value-added private and commercial services to our Users.
  • Messages: We have built VooduVibe’s Messenger functionality on the Matrix.org API (“Matrix”), an open standard decentralized and encrypted messaging protocol. Our Messenger service allows you to share text messages, photos, and videos with your VooduVibe contacts and other Users via direct messaging and broadcasts. VooduVibe uses end-to-end encryption which means that your messages, photos, and videos, are automatically secured. Only you and the person you’re communicating with can read what is being sent, and nobody in between, not even VooduVibe can read your content. Because VooduVibe provides you with the client interface to communicate through the Matrix protocol, we do not own your conversation history nor does any other third-party server or network, your conservation history is owned by you and is decentralised and encrypted over an open federation of servers. With that said, it is important to note that privacy of metadata is not currently protected from server administrators within the Matrix federation – a malicious Matrix server administrator can see who is talking to who, and when, but cannot see what is being said because the conversation is encrypted.
  • Posts: You provide certain information when you post content on your Personal Profile page, including text, photos, and videos which are stored on our servers. Your posts are only visible to your VooduVibe contacts. This means that your contacts may search for, see, comment, like, copy, take snapshots of, use, or share any of the posts you make available through our Services.
  • Customer Support:You may provide us with information related to your use of our Services, including copies of your messages, and your preferred contact details so we can provide you with customer support.

Automatically Collected Information

  • Usage Information:We may collect diagnostic, performance, and service related information. This includes information about your activity (such as how you use our Services, how you interact with other Users using our Services, and the time, frequency, and duration of your interactions and activities), log files, and diagnostic, crash, website, and performance logs and reports. This also includes information about when you registered to use our Services, the features you use like our messenger, mingle, socialite, post, social vibes, secret matchmaker and broadcast features, your discoverability and privacy settings, whether you are online, when you last used our Services, and when you last updated your profile information.
  • Device and Connection Information:We may collect device and connection-specific information when you install, access, or use our Services. This includes information like hardware model, operating system information, battery level, signal strength, app version, browser information, and mobile network, connection information including phone number, mobile operator or ISP, language and time zone, and IP, device operations information, and identifiers like device identifiers.
  • Cookies:We use cookies to operate and provide our Services, including to provide our Services that are web-based, improve your experiences, understand how our Services are being used, and customize our Services. For example, we use cookies to provide VooduVibe web-based services. We may also use cookies to understand which of our FAQs are most popular and to show you relevant content related to our Services. Additionally, we may use cookies to remember your choices, such as your language preferences, and otherwise to customize our Services for you. Please review our Cookies Policy to learn more about how we use cookies to provide you our Services.

Third-Party Information

  • Information Others Provide About You:We receive information other people provide us, which may include information about you. For example, when other Users you know use our Services, they may provide your phone number and email address from their mobile address book (just as you may provide theirs). We require our Users to have lawful rights to collect, use, and share your information before providing any information to us.
  • Third-Party Providers: We may work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Services. For example, we work with companies to distribute our apps, provide our infrastructure, delivery, and other systems, supply location, map, and places information, help us understand how people use our Services, market our Services, help you connect with businesses using our Services, conduct surveys and research for us, and help with customer service. These companies may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues.
  • Third-Party Services:We allow you to use our Services in connection with third-party services. If you use our Services with such third-party services, we may receive information about you from them; for example, if you use the Social Vibes feature to register for a third-party Offer promoted though our VMB Services, or if you choose to access our Services through a mobile carrier’s or device provider’s promotion of our Services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services

How we use information

We use all the information we possess (subject to the choices you make and the features you use) to help us operate, provide, improve, understand, customize, support, and market our Services.

Generally, we use information to facilitate:

  • Our Services:We use the information we possess to operate and provide our Services, including providing customer support, and improving, fixing, and customizing our Services. We understand how people use our Services and analyse and use the information we possess to evaluate and improve our Services, research, develop, and test new services and features, and conduct troubleshooting activities. We also use your information to respond to you when you contact us. We use cookies to operate, provide, improve, understand, and customize our Services.
  • Safety and Security:We verify accounts and activity and promote safety and security on and off our Services, such as by investigating suspicious or reported activities or violations of our Terms, and to ensure our Services are being used legally.
  • Communications About Our Services:We use the information we possess to communicate with you about our Services and features and let you know about our terms and policies and other important updates. We may provide you marketing for our Services.
  • Third-Party Promotions:We care about your experience, so we do not allow third-party banner ads on VooduVibe, however should you provide us with permission to access your location, we use your location to list nearby third-party promotions on your Social Vibes feed. Only VMB registered businesses can promote their Offers on VooduVibe, and only active Offers within 5 miles of your location will be listed on your Social Vibes feed.
  • Commercial Messaging/Communication: We will allow you and third parties, like VMB registered businesses, to communicate with each other on and off our Services. For example, through our Messenger service. or through private calls you might receive from VMB registered businesses to arrange (or confirm) reservations for Offers you have opted to take-up through our Services.

Information you and we share

Since our goal is to help you make meaningful connections, your information is mainly shared with other VooduVibe Users. We also share your information with service providers who help us operate, provide, improve, understand, customize, support, and market our Services. When required by law, we also share your details with the legal authorities.

Generally, we share your information with:

  • Other Users: Your Personal Information may be available to anyone who uses our Services. The composition of the data other Users see will depend on whether they are existing VooduVibe contacts (“Contacts”) or other Users that you might encounter when you are using our Mingle or Socialite services (“Non-Contacts”).
  • Personal Information Visible to Contacts: Your VooduVibe Contacts can view a more comprehensive set of your Personal Information (“Personal Profile”), including your full name, day and month of your birth, mobile number, email address, and your astrological and Chinese zodiac signs, at a minimum. Contacts can also view other Personal Information that you might voluntarily provide for the purposes of either building your profile or enabling some, or all, of the compatibility features offered through our Services. Such information may include your profile pictures; nationality; mood; inspirational statement; relationship status; personality type; languages; interests; professional profile summary; employment details; educational history; social, professional, and romantic compatibility scores between you and your Contact (depending on whether sufficient Personal Information about each of you is available to compute the scores); and links to your other social media pages (e.g. Facebook, Twitter, etc.). Contacts can also view the history of messages you have shared with each other, as well as any posts, likes, or comments you have made. This means that your VooduVibe contacts may search for, see, copy, take snapshots of, use, or share any of your posts and messages that you make available through our Services.
  • Personal Information Visible to Non-Contacts: Because VooduVibe is primarily designed to allow you to make new connections using our Mingle or Socialite services, most Users you encounter will not be known contacts. To create a safe environment for you to discover, interact, and get to know new people, we have created roaming profiles that are customized to limit the amount and type of personal profile information available to them, as follows:
  • Social Roaming Profile: Your Social Roaming Profile is limited to your alias name, day and month of your birth, and your astrological and Chinese zodiac signs. However, based on what you elect to make public in your privacy settings, you may also allow Non-Contacts to view other Personal Information that you voluntarily provide for the purposes of either building your profile or enabling some, or all, of the compatibility features offered through our Services. Such information may include your full name; nationality; mood; inspirational statement; relationship status; personality type; languages; interests; professional profile summary; employment details; educational history; social, professional, and romantic compatibility scores between you and the relevant User (depending on which features each of you have enabled); and links to your other social media pages (e.g. Facebook, Twitter, etc.). Non-Contacts can also view the history of messages you have shared with each other. This means that Non-Contacts may search for, see, copy, take snapshots of, use, or share any such messages. Non-Contacts can only view your Social Roaming Profile when they are within your proximity in Mingle Mode, or when you enter an event in Socialite Mode.
  • Professional Roaming Profile: Your Professional Roaming Profile is only visible when you enter professional events through our Socialite service. It is intended to allow you to network effectively in a professional setting. Should you wish to use our Socialite service to enter professional events, you will need to provide a professional profile summary, and your current employment details. Users at the event, whether they are Contacts or not, will be able to view your full name, professional profile picture, job title, employer name, employer location (city and country), employer industry and speciality, employer website, and your professional profile summary. They can also view the history of messages you have shared with each other. This means that they may search for, see, copy, take snapshots of, use, or share any such messages. If you have voluntarily chosen to add one, Users will also be able to see a link to your LinkedIn profile.

Please be careful with your Personal Information and make sure that you are comfortable with the content you share since neither you nor we can control what others do with your information once you share it. Users with whom you communicate may store or share your information (including your phone number or messages) with others on and off our Services. You can use your privacy settings and the block and report features on our Services to manage some of the information you share, and with whom you share it.

  • Businesses on VMB: We help businesses who use VMB to measure the effectiveness and distribution of their services and offers and understand how people interact with them on our Services. If you use the Social Vibes feature to register for a third-party Offer promoted though our VMB Services, they may also receive information about you that we share with them to extend their services. Such information includes your full name, and only when required to arrange (or confirm) a reservation, your mobile number. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
  • Third-Party Providers:We work with third-party providers to help us host, operate, provide, improve, understand, customize, support, and market our Services. When we share information with third-party service providers in this capacity, we require them to use your information on our behalf in accordance with our terms in prevalent laws.
  • When Required by Law: We may disclose your information if reasonably necessary: (i) to comply with a legal process, such as a court order, subpoena or search warrant, government / law enforcement investigation or other legal requirements; (ii) to assist in the prevention or detection of crime (subject in each case to applicable law); or (iii) to protect the safety of any person.

Our legal bases for processing information

To process (collect, use, and share) your information as described above, we rely on the following legal bases:

  • Provide Our Services to You: Most of the time, the reason we process your information is to perform the contract that you have with us. For instance, as you go about using our Services to communicate with other Users and build meaningful connections, we use your information to maintain your account and your profile, to make it viewable to other Users and to allow your contacts to recommend other Users to you.
  • Legitimate Interests: We may use your information where we have legitimate interests to do so. For instance, we analyse user behaviour on our Services to continuously improve our offerings, ensuring that they remain innovative, relevant, and safe for our Users, unless such interests are overridden by your interests or fundamental rights and freedoms that require protection of personal data. We also process information for administrative, fraud detection and other legal purposes.
  • Consent: We use your information consistent with the consent you have provided us. You may withdraw your consent at any time by contacting us at the address provided at the end of this Privacy Policy.

Managing your information and Exercising your rights

You have the right to access, rectify, port and erase your information, as well as the right to restrict and object to certain processing of your information. If we process your information based on our legitimate interests or those of a third party, or in the public interest, you can object to this processing, and we will cease processing your information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons. Also, we may not be able to accommodate certain requests to object to the processing of Personal Information, notably where such requests would not allow us to provide our Services to you anymore. For instance, we cannot provide our service if we do not have your full name, gender, date of birth, country, mobile number, and email address.

  • Accessing/Rectifying/Porting/Erasing Your Personal Information: You can access, rectify, and erase certain Personal Information details by viewing and editing the relevant My Profile fields in your account. Given that we are still a young start-up, we will endeavour to provide you with appropriate in-app tools in future versions of the VooduVibe app to allow you to request access to, or port, your information, or erase the information we retain about you. In the meantime, you can send us an email request to support@vooduvibe.com. For your protection and for the protection of all our Users, we may ask you to provide proof of identity before we can process your request. Keep in mind, we may reject requests for certain reasons, including if the request is unlawful or if it may infringe on trade secrets or intellectual property or the privacy of another User.
  • Deleting Your Account:You may delete your VooduVibe account at any time by sending an email to support@vooduvibe.com. When you delete your VooduVibe account, we delete all the information we no longer need to operate and provide our Services, in accordance with our Terms, and this Privacy Policy. Be mindful that if you only uninstall our Services from your device without deleting your account, your information may be stored with us for a longer period. Please remember that when you delete your account, it does not affect the information other Users have relating to you, such as their copy of the messages you sent them.
  • Uninstalling Our Services: You can stop all information collection by our Services by uninstalling the VooduVibe app using the standard uninstall process for your device. Please note that uninstalling the VooduVibe app does not in itself delete your account information. To request erasure/deletion of your account, please send an email request to support@vooduvibe.com, as described above. Please remember that when you delete your account, it does not affect the information other users have relating to you, such as their copy of the messages you sent them.
  • Changing Your Privacy Settings: You can change your privacy settings, to manage certain Personal Information available to other Users. In particular, you have significant flexibility to control the contents of your Social Roaming Profile, which by default only shows a limited amount of Personal Information (as described above). You can also manage your contacts, or use our block and report features to manage the Users with whom you communicate.
  • Device Permissions: Mobile platforms have permission systems for specific types of device data and notifications, such as phone book, Bluetooth and location services as well as push notifications and access to the camera and media library. You can change your settings on your device to either consent or oppose the collection of the corresponding information or the display of the corresponding notifications. Of course, if you do that, certain services may lose full functionality.

We do not currently conduct any direct marketing for our Services. If we should choose to use your information for direct marketing in the future, you can always object and opt out of receiving these direct marketing messages, either by responding directly to the message, or by sending your request to support@vooduvibe.com. We will endeavour to provide you with more appropriate opt-out tools as we continue to evolve our Services.

Assignment, change of control, and transfer

All our rights and obligations under our Privacy Policy are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

Cross-border data transfers

Sharing of information as we process your information sometimes involves cross-border data transfers, for instance to the United States of America and other jurisdictions. For example, where our Services allows for Users to be located in the European Economic Area (“EEA”), their Personal Information is transferred to countries outside of the EEA. We use standard contract clauses approved by the European Commission or other suitable safeguard to permit data transfers from the EEA to other countries. Standard contractual clauses are commitments between companies transferring personal data, binding them to protect the privacy and security of your data.

How long we retain your information

We keep your Personal Information only as long as we need it for legitimate business purposes and as permitted by applicable law. To protect the safety and security of our Users on and off our Services, we implement a safety retention window of three months following account deletion. During this period, account information will be retained although the account will of course not be visible on our Services anymore.

In practice, we delete your information upon deletion of your account (following the three-month safety retention window), unless:

  • we must keep it to comply with applicable law;
  • we must keep it to evidence our compliance with applicable law;
  • there is an outstanding issue, claim or dispute requiring us to keep the relevant information until it is resolved; or
  • the information must be kept for our legitimate business interests, such as fraud prevention and enhancing our Users safety and security.

Keep in mind that even though we carry out data deletion processes according to the above guidelines, we cannot promise that all data will be deleted within a specific timeframe due to technical constraints.

Children’s Privacy

Our Services are restricted to users who are 16 years of age or older. We do not knowingly permit users under the age of 16 to use our Services and we do not knowingly collect personal information from anyone under the age of 16. If you suspect that a user is under the age of 16, please use the reporting mechanism available through our Services.

Law and protection

We may collect, use, preserve, and share your information if we have a good-faith belief that it is reasonably necessary to: (a) respond pursuant to applicable law or regulations, to legal process, or to government requests; (b) enforce our Terms and any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our users, VooduVibe, or others.

Our global operations

You agree to our information practices, including the collection, use, processing, and sharing of your information as described in this Privacy Policy, as well as the transfer and processing of your information to the United States and other countries globally where we have or may use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

Updates to our policy

We will notify you before we make changes to this Privacy Policy and give you the opportunity to review the revised Privacy Policy before you choose to continue using our Services.

Contact us

If you have questions relating to our Privacy Policy, or your rights in relation to your privacy, here’s how you can reach us:

By email: support@vooduvibe.com.

 

By post:

Privacy Policy
VooduVibe Inc.
548 Market Street (#54602)
San Francisco, CA
94104-5401

VOODUVIBE INTELLECTUAL PROPERTY POLICY

Last modified: 5th April 2018

VooduVibe Inc. (“VooduVibe,” “our,” “we,” or “us“) is committed to helping people and organizations protect their intellectual property rights. Our users agree to our Terms of Service (“Terms“) by installing, accessing, or using our apps, services, features, software, or website (together, “Services“). Our Terms apply to all visitors, users, and others who access our Services (collectively, “Users“).

Our Terms do not allow our users to violate someone else’s intellectual property rights when using our Services, including their copyrights and trademarks.

As explained in more detail in our Privacy Policy, we do not retain our users’ messages in the ordinary course of providing our Services. We do, however, host our Users’ account information and other information as described more fully in our Privacy Policy.

Copyright

To report copyright infringement and request that VooduVibe remove any infringing content it is hosting (such as a VooduVibe user’s profile picture, profile name, or status message), please email a completed copyright infringement claim to legal@vooduvibe.com (including all of the information listed below).

Before you report a claim of copyright infringement, you may want to send a message to the relevant VooduVibe user you believe may be infringing your copyright. You may be able to resolve the issue without contacting VooduVibe.

Trademark

To report trademark infringement and request that VooduVibe remove any infringing content it is hosting, please email a complete trademark infringement claim to legal@vooduvibe.com (including the information listed below).

Before you report a claim of trademark infringement, you may want to send a message to the relevant VooduVibe user you believe may be infringing your trademark. You may be able to resolve the issue without contacting VooduVibe.

What to include in your copyright or trademark infringement claim to VooduVibe

Please include all the following information when reporting a copyright or trademark infringement claim to VooduVibe:

  • Your complete contact information (full name, mailing address, and phone number). Note that we will provide your contact information, including your name and email address (if provided), the name of your organization or client who owns the rights in question, and the content of your report to the person whose content you are reporting. You may wish to provide a professional or business email address where you can be reached.
  • A description of the copyrighted work or trademark that you claim has been infringed.
  • A description of the content hosted on our Services that you claim infringes your copyright or trademark.
  • Information reasonably sufficient to permit us to locate the material on our Services. The easiest way to do this is by providing us the phone number of the individual who has submitted the infringing content on our Services.
  • A declaration that:
    • You have a good faith belief that use of the copyrighted or trademarked content described above, in the manner you have complained of, is not authorized by the copyright or trademark owner, its agent, or the law;
    • The information in your claim is accurate; and
    • You declare, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed.
  • Your electronic or physical signature.

COOKIES POLICY

Last modified: 15th June 2018

VooduVibe is the next generation of social networking platforms that offers you a fun, exciting, and spontaneous way to make meaningful in-person connections with other users in your line-of-sight.

With VooduVibe we allow you to explore the world around you in an unprecedented way while our matching algorithm evaluates your social, professional, and romantic compatibility with other users you encounter. VooduVibe provides peer-to-peer user discovery, digital event networking management, chat, media and content sharing, and other services to private and commercial users around the world.

When we say “VooduVibe,” “our,” “we,” or “us,” we are talking about VooduVibe Inc. Unless otherwise stated, this Cookies Policy (“Cookies Policy”) applies to all our mobile apps, services, features, website, and any software provided on, or in connection with, VooduVibe’s offerings (collectively, “Services”).

About cookies

A cookie is a small text file that a website you visit asks your browser to store on your computer or mobile device.

How we use cookies

We use cookies to understand, secure, operate, and provide our Services. For example, we use cookies:

  • to provide VooduVibe for web and desktop and other Services that are web-based, improve your experiences, understand how our Services are being used, and customize our Services;
  • to understand which of our FAQs are most popular and to show you relevant content related to our Services;
  • to rank the FAQs on our website based on popularity, understand mobile versus desktop users of our web-based Services, or understand popularity and effectiveness of certain of our web pages.
  • to remember your choices, such as your language preferences, and otherwise to customize our Services for you; and

How to control cookies

You can follow the instructions provided by your browser or device (usually located under “Settings” or “Preferences”) to modify your cookie settings. Please note that if you set your browser or device to disable cookies, certain of our Services may not function properly.

VOODUVIBE MY BUSINESS ADDITIONAL TERMS

Last modified: 15th June 2018

When we say “VooduVibe,” “our,” “we,” or “us,” we are talking about VooduVibe Inc. The following terms, in addition to the VooduVibe Terms of Service, the VooduVibe Privacy Policy, and the definitions contained therein (collectively, “Terms“) govern your use of VooduVibe My Business.

Your use of these Services means you have accepted these Terms. We may amend or update these Terms. Unless otherwise required by law, we will provide you at least 30 days’ notice of amendments to our Terms, which will give you the opportunity to review the revised Terms before continuing to use our Services. If you do not wish to agree to these Terms, please do not use these Services. Our Terms apply to all visitors, users, and others who access our Services (collectively, “Users“).

Age and Relationship

You must be above the legal age of majority (or above the age of 18, whichever is higher) to use these Services. In addition, you confirm that you are the owner of the business for which you have you created this venue page (“Venue Page”, or “Page”), or an authorized agent of the business who can bind other representatives on behalf of the business.

Binding Others

You must bind any representatives that manage, administer, or subsequently own your Page to these Additional Terms prior to making them managers, administrators, or owners.

Content

You are responsible for the business listed on your Venue Page. In particular, this means that you must comply with all applicable laws and industry best practices when operating and promoting your business, including obtaining all applicable licenses and approvals; ensure your content is lawful, correct, up-to-date and complete; and supply all required disclaimers, warnings, and notices (or if you rely on any supplied by VooduVibe, ensure their sufficiency for your business).

If we find in our discretion that you have violated any of these responsibilities, we reserve the right to take the appropriate action. This means that in addition to any legal or regulatory complaints we may file, we may also delist your Page and freeze your account pending a complete investigation.

While VooduVibe is not responsible for your Page or the business listed on your Page, you understand that we have the right, but not the obligation, to moderate the content you supply via your Page. Furthermore, we may choose not to display your content, or may choose to show only an edited version of your content.

You also give VooduVibe a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, and create derivative works of the basic listing information about your business that you provide to your Page (such as the business name, location, description, contact details, speciality, business hours, and website). You confirm and warrant to VooduVibe that you own or have all the necessary rights or permissions to grant this license. You also grant to end users of VooduVibe Services the right to access and use that information as permitted under the applicable Terms. All other content that you provide to your Page (such as business photos) is licensed to VooduVibe under the Terms.

Offers and Promotions

You may post offers and promotions (collectively, “Offers” or “Offer”) to VooduVibe Users through our Services. You are bound by the terms of the Offers you make available to VooduVibe Users during the validity period prescribed for these Offers. User’s can register to take-up these Offers through our Services, upon which a minimum level of information such as the User’s full name, and when necessary, mobile number (“Offer Registration Details”) will be made available to the venue administrator for the purpose of registering the User’s interest in the Offer and/or confirming the User’s reservation, consistent with the terms and conditions of these Additional Terms, the VooduVibe Privacy Policy, and the VooduVibe Terms of Service.

If we find in our discretion that you have failed to honour the terms of any of your Offers to our Users, we reserve the right to take the appropriate action. This means that in addition to any legal or regulatory complaints we may file, we may also provide related evidence to Users seeking to file legal or regulatory complaints against your business, and/or freeze your account, or delist your Page.

Additional Privacy Protections

By accepting these Terms, you agree that you may only use the Offer Registration Details you receive from VooduVibe for the sole purpose of registering our Users’ interest in the Offer being promoted and/or for arranging or confirming our Users’ reservation as related to the Offer.

By processing the Offer Registration Details on behalf of our Users, you accept that you are subject to prevalent data privacy laws, including the Global Data Privacy Regulations.

Other Products/Services

You may be provided access to other products/services within your account. These products/services may be subject to their own separate terms and policies.

VooduVibe Access

If you authorize us to do so, we may access your account to help you manage your Page and account.