Unit L18-01, Level 18, ICD Brookfield Place,
Dubai International Financial Centre, Dubai, UAE.

Privacy Policy

Vivium Holding Ltd and its subsidiaries (collectively, “Vivium”, “we,” “us,” or “our“) value your security and privacy, and we are committed to protecting your personal data. In accordance with the Data Protection law, DIFC Law No. 5 of 2020 (the “DP Law”), or any other applicable law, we collect information about you when you when you: (i) visit our website (the “Website”), (ii) use the Vivium email address for contact purposes, (iii) become employed by, or act as a service provider to, Vivium, (iv) visit our offices or locations or (v) avail, access or interact with any of our other web-based products, platforms, information or services, including our social media accounts or campaigns, or use our Wi-Fi (collectively, the “Vivium Facilities”).

For the purposes of the DP Law, we are a Controller in respect of your personal data and are responsible for ensuring that we use your personal data in compliance with the DP Law.   This privacy policy (the “Policy“) sets out the basis on which any information, including any personal data, we collect from you, or you provide to us, will be processed by Vivium. Each time you access or use the Vivium Facilities or provide us with information, by doing so you acknowledge the practices described in this Policy.  For use of specific amenities, i.e., our Wi-Fi, you may be asked to opt-in to our use of the information you submit there.  Your rights described herein apply in these instances as well.

The personal data we collect from you, described in more detail below, may include your name, home and/or work address, photo, email address, company name, and phone number (“Personal Data”).  Personal Data is any information that can be used to identify you and does not include data from which you can no longer be identified such as anonymized aggregate data.

We collect and process Personal Data in accordance with the DP Law and applicable laws, including for specific, lawful purposes explained herein or at the time of collection, or for the performance of tasks carried out in your interests or the legitimate interests of Vivium.

 1. SCOPE

This Policy applies to persons anywhere in the world who accesses or uses our Vivium Facilities.

2. INFORMATION WE COLLECT

Information you give us:

When you use the Vivium Facilities, we collect your Personal Data when you fill an electronic form, contact us via email or by telephone, or interact with us on social media. This Personal Data, some of which is sensitive information, may include, but is not limited to:

  • your full name (and any previous names), gender, curriculum vitae, place of birth, date of birth, education and qualification details, marital status, home address and home telephone number, mobile telephone number, next of kin, emergency contact details, bank account details, passport number, driver license details, tax details and your date of hire;
  • information relating to your work permit (including, where required by applicable laws, your entry authorisation, visa or extension of stay) which entitles Vivium to employ you in the DIFC or any other jurisdiction;
  • subject to any specific authorisation requirements, whether you have any criminal convictions in the DIFC or any other jurisdiction or country (including traffic offences) or any civil judgements made against you;
  • work-related details such as your job title and job description, contact details, performance at work, absences, pay and benefits information, service history, a copy of your employment agreement, your photograph, health information, pregnancy and/or disability status;
  • personal data that we collect through your use of our email system including but not limited to your full name, email address, company name and the content, date and time of your email correspondence;
  • information we record through your use of our telephone system where such telephone lines are recorded; and

Personal Data revealing or concerning (directly or indirectly) your racial or ethnic origin, communal origin, political affiliations or opinions, religious or philosophical beliefs, criminal record, trade-union membership and health or sex life and including genetic data and biometric data where it is used for the purpose of uniquely identifying you shall collectively be referred to as “Special Categories of Personal Data”.

If you contact us, we will keep a record of both the correspondence and your contact details used at that time.

Information we automatically collect about you:

 When you use the Vivium Facilities, we automatically collect the following information:

  • technical data, including the type of mobile device you use, mobile network information, your mobile operating system, the type of mobile browser you use, device token, device type, time zone setting;
  • details of your use of the Vivium Facilities, including but not limited to traffic data, weblogs and other communication data, and the resources that you access; and/or
  • location information if the Vivium Facilities uses GPS technology to determine your current location. If you wish to use the particular feature, you may be asked to opt-in to your data being used for this purpose. This information helps us improve your browsing experience and our services.

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a product, service or benefit), exercise our powers and functions (such as the performance of tasks carried out by us), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).

3. HOW WE USE YOUR INFORMATION

We may use your Personal Data for the following purposes:

  • to provide, maintain, and improve the Vivium Facilities, including, for example, to facilitate payments, send receipts, provide products and services you request (and send related information about them), develop new features that will enhance your user experience and our efficiency on our website, provide customer support to users, authenticate users, and send administrative messages, whether information-only or required by applicable law;
  • perform internal regulatory, administrative and operational requirements, including, for example, to prevent fraud or abuse of our Vivium Facilities; to troubleshoot software bugs and operational problems; to conduct permitted data analysis, testing, and research; to ensure you and Vivium are complying with internal or external legal requirements, including those that necessitate use of digital systems; and to monitor usage and activity trends;
  • if you are employed by us, to allow you access to our office using the biometric security system;
  • notify you about changes to this Policy or the Vivium Facilities;
  • personalize and improve the Website, including to provide or recommend features, content, social connections, referrals, and advertisements, in accordance with your preferences, to the extent permissible by law;
  • to meet our obligations under your contract of employment with us. For example, we use your personal data to pay you, to evaluate your individual performance, and to provide benefits in connection with your employment;
  • to comply with court orders and exercises and/or defend our legal rights; and
  • for any purpose related and/or ancillary to any of the above or any other purpose for which your Personal Data was provided to us.

In instances, where you have expressly given us your consent, we may process your Personal Data for the following purposes:

  • communicating with you through the channels you have approved to keep you up to date on the latest developments, announcements, and other information about our services, (including newsletters and other information) as well as Vivium events and projects;
  • conducting customer surveys, marketing campaigns, market analysis, or other promotional activities or events; or
  • undertaking business development and marketing activities.

Where we rely on your consent for such purposes, you have the right to object at any time to the processing of your Personal Data for such purposes.

We will not use your Personal Data for taking any automated decisions affecting you or creating profiles.

4. LEGAL BASIS FOR PROCESSING YOUR PERSONAL DATA

We will process your Personal Data if and to the extent applicable law provides a lawful basis for us to do so.  We will therefore process your Personal Data only:

  • because processing is necessary for the performance of your instruction or other contract with you or your organisation and for us to be able to provide you with the requested service;
  • to comply with our legal and/or regulatory obligations which become applicable to us from time to time;
  • Because processing is necessary for purposes of our legitimate interest or those of any third party recipients that receive your Personal Data in managing our business including legal, personnel, administrative and management purposes and for the prevention and detection of crime, provided that such interests are not overridden by your interests or your fundamental rights and freedoms.

In addition, where relevant and applicable, the processing may be based on your consent where you have expressly given that to us.

Without prejudice to the above, whenever we collect Special Categories of Personal Data, in most cases our legal basis will be one of the following:

  • you have given us your explicit consent;
  • processing is necessary for the purpose of carrying out the obligations and exercising the specific rights in relation to your employment with Vivium, including but not limited to recruitment, visa or work permit processing, the performance of an employment contract, termination of employment, the conduct of proceedings relating to employment and the administration of a pension, retirement or employee money purchase benefit scheme;
  • as required to establish, exercise or defend legal claims; or
  • processing is necessary for compliance with a specific requirement of applicable law to which a Vivium is subject, and in such circumstances we will provide you with clear notice of such processing as soon as reasonably practicable unless the obligation in question prohibits such notice being given.

5. DATA RETENTION

We maintain your Personal Data only for the duration necessary to fulfill the purposes for which it was collected and processed. This includes consideration of our legal obligations, accounting requirements, and reporting responsibilities. Once your Personal Data is no longer needed, it is securely deleted or anonymized (in which case it is no longer considered Personal Data).

6. YOUR RIGHTS

You maintain significant control over your Personal Data and have the following rights:

Consent to Marketing and Preferences

  • You have the right to opt-in or subsequently opt-out of receiving communications from us and our partners. You have the option to ask us not to process your Personal Data for marketing purposes, to remove it from our database, and to not receive future communications. You may change your preferences at any time.
  • Please note that we may continue to send you transactional or service-related e-mails despite your desire to not receive promotional or marketing e-mail messages.  Additionally, please note that if you elect to opt-out of or unsubscribe from receiving promotional or other similar e-mails or messaging from our Website, you may continue to receive promotional emails from our other websites, providers, or other, non-affiliated marketers whose services you may have accessed via Vivium’s Website.
  • Finally, while we may remove your individual contact information from our professional contacts database, please be aware that if such information is in a different, third party’s marketing directory through your request or election, you will need to request removal with such third party directly.

Right to withdraw consent

In the circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact us using the email provided in Section 15 below. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

Access to your Personal Data

  • You have the right to access information held about you. Your right of access can be exercised for any reason, at any time, in accordance with DP Law and other applicable laws.
  • Any access request generally comes at no cost to you and we must respond within one month unless provided otherwise by the DP Law or other applicable laws. We may, where permissible, impose a reasonable fee to meet any extraordinary administrative costs in providing you with details of the information we hold about you.

Correction of your Personal Data

  • You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
  • When you contact us about a potential Personal Data error or query, we will endeavor to confirm or verify the information in question, then correct verified inaccuracies and respond to the original inquiry. We will endeavor to send a correction notice to businesses or others whom we know to have received the inaccurate data, where required and / or appropriate. However, some third parties and third party sites may continue to process inaccurate data about you until their databases and display of data are refreshed in accordance with their update schedules, or until you contact them personally to ensure the correction is made in their own files.

Erasure or Transfer of Personal Data

  • you have the right to request that we erase your Personal Data in certain circumstances. Please note that there may be circumstances where you ask us to erase your Personal Data but we are legally entitled to retain it.
  • You may also request us to transfer the information you gave us from one organisation to another, or otherwise process your Personal Data in line with the relevant articles providing for such rights set out in the DP Law or other applicable laws.

Objection and Restriction

  • You may to object to, or request that we restrict, the processing of your Personal Data in certain circumstances. However, there may be circumstances where you object to, or ask us to restrict, the processing of your Personal Data but we are legally entitled to continue processing your Personal Data and /or to refuse that request.

As set out in Article 39 of the DP Law, we may not discriminate against you for exercising your rights by denying services or changing prices or quality of service, unless reasonable to do so in general, as objectively determined, and applicable to all individuals offered or receiving such benefits.

If you think that any of your rights have been infringed by us, you  have the right to lodge a complaint with the DIFC Data Protection Commissioner at this link. If you need more information on this, please contact us at the email address provided in Section 15 below.

7. PROCESSING, STORAGE AND TRANSFER OF PERSONAL DATA

Your personal data may be processed, stored, shared, transferred or disclosed by us or other third parties for the purposes described in this Privacy Policy. We do this in order to operate effectively, efficiently and securely in facilitating transactions and providing products and services to our clients, to improve and support our processes and business operations and to comply with our legal and regulatory obligations. This may involve processing, storing, sharing, transferring or disclosing your personal data cross border to other jurisdictions.

International Transfer

Where recipients of your personal data are in jurisdictions that are outside the DIFC, and local laws may not have similar data protection laws as the DIFC, we will take all reasonable steps necessary to ensure that your personal data has an appropriate adequate level of protection and safeguards (which include enforceable right and effective legal remedies for you) to comply with applicable law. In most cases, this means using standard contractual clauses approved by the DIFC Data Protection Commissioner.

For further information, you can contact us for a copy of the relevant standard contractual clauses, or you can refer to the standard contractual clauses available on the DIFC website at www.difc.ae.

8. GOVERNMENT DATA SHARING

In some circumstances we are legally obliged to share information with public authorities or law enforcement. For example, we may be required to provide information related to a court order or where we must cooperate with supervisory authorities in handling complaints or investigations.  In any scenario, we’ll attempt to satisfy ourselves that we have a lawful basis on which to share the information and document our decision making with regards to the same.

We may also share information in the event of the non-payment including of a monetary penalty or court ordered costs. If the debt remains outstanding after the specified timeframe for payment, no payment plan is in place or an agreed payment plan is not being adhered to, we may initiate formal proceedings to recover the full amount of the unpaid penalty.

As a result, Vivium will share Personal Data with the litigation and recovery specialists it instructs in order for them to identify assets and undertake recovery action through the courts.

9. CHILDREN’S PRIVACY

Our services are designed for adult users and we do not knowingly collect information from individuals under 16 years of age. If we discover we have inadvertently gathered data from a minor, we will take prompt steps to delete this information.

10. SECURITY

We take data security seriously and employ appropriate technical and organizational measures to protect your information. Our security protocols guard against unauthorized access, alteration, disclosure, or destruction of your personal data.  Unfortunately, no data transmission over the internet can be guaranteed to be 100 per cent secure. As a result, we cannot warrant or guarantee the security of any Personal Data you transmit to us, and you do so at your own risk.

We have established policies and procedures for securely managing information and protecting Personal Data against unauthorised access. We continually assess our data privacy, information management and security practices. We do this in the following ways:

  • establishing policies and procedures for securely managing information;
  • limiting employee access to viewing only necessary information in order to perform his or her duties;
  • protecting against unauthorised access to Personal Data by using data encryption, authentication and virus detection technology, as required;
  • requiring service providers with whom we do business to comply with relevant data privacy legal and regulatory requirements;
  • monitoring our websites through recognised security organisations;
  • engaging in regular third-party audits of our policies and practices; and
  • conducting background checks on employees and providing training to our employees.

To the extent permitted by applicable law, we expressly disclaim any liability that may arise should any other third parties obtain the Personal Data you submit through fraud or otherwise where it is no fault of ours.

11. THIRD-PARTY LINKS

Our website contains links to other websites on the Internet that are owned and operated by third parties (the “External Sites“). These links are provided solely as a convenience to you and are not to be portrayed as an endorsement by us of the contents or reliability of such External Sites. You acknowledge that we are not responsible for the availability of, or the information and contents of any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

If you decide to access the linked third-party websites, you do so at your own risk. We do not accept liability, and shall not be liable to you for any loss or damage arising from or as a result of your acting upon the contents of another website to which you may link from the Website. We encourage you to review the privacy policies of any third-party sites you visit through our website.

12. BUILDINGS SECURITY AND CONTENTS

Building security records containing sign in and sign out information collected at the time of visiting and departing the Vivium office will be maintained in accordance with the applicable building management policy. 

To the extent permitted by applicable law, Vivium is not responsible for any contents, whether or not they contain Personal data or other business information, that remain in our premises after you leave our office.

13. CHANGES TO THIS POLICY

We may update this Policy from time to time and without notice to reflect changes in our practices or legal requirements. If we make significant changes in the way we treat your Personal Data, or to the Policy, we will endeavour to provide you notice through the Website or by some other means, such as email. Your continued use of the Vivium Facilities after such notice constitutes your understanding of the changes.   The most current version will always be available on our website, marked with the latest revision date. We encourage you to periodically review this Policy for the latest information on our privacy practices.

14. CONTACT US

For any questions or concerns about this Policy or our privacy practices, please contact us at:
[email protected].