Privacy policy

Applicability of this Privacy Policy

This Privacy Policy applies to Vibrantcreator’s online workplace productivity tools and platform, including the associated Vibrantcreator mobile and desktop applications (collectively, the “Service”), Vibrantcreator.com (the “Website”) and other interactions (e.g., customer service inquiries, etc.) you may have with Vibrantcreator. If you do not agree with the terms, do not access or use the Service, Website or any other aspect of Vibrantcreator’s business.

This Privacy Policy does not apply to any third party applications or software that integrate with the service through the Vibrantcreator platform (“Third Party Services”), or any other third party products, services or businesses. In addition, a separate agreement governs delivery, access and use of the Service (the “Customer Agreement”), including the processing of any messages, files or other content submitted through service accounts (collectively, “Customer Data”). The organization (e.g., your employer or another entity or person) that entered into the Customer Agreement (“Customer”) controls their instance of the service (their “Workspace”) and any associated Customer Data. If you have any questions about specific Workspace settings and privacy practices, please contact the Customer whose Workspace you use. If you have an account, you can check www.vibrantcreator.app for contact information of your Workspace owner(s) and administrator(s). If you have received an invitation to join a Workspace but have not yet created an account, you should request assistance from the Customer that sent the invitation.

Information We Collect And Receive

Vibrantcreator may collect and receive Customer Data and other information and data ( “Other Information”) in a variety of ways:

• Customer Data. Customers or individuals granted access to a Workspace by a Customer (“Authorized Users”) routinely submit Customer Data to Vibrantcreator when using the service.
• Other Information. Vibrantcreator also collects, generates and/or receives Other Information:
  1. Workspace and Account Information. To create or update a Workspace account, you or your Customer (e.g., your employer) supply Vibrantcreator with an email address, phone number, password, domain and/or similar account details. In addition, Customers that purchase a paid version of the service provide Vibrantcreator (or its payment processors) with billing details such as credit card information, banking information and/or a billing address.
  2. Usage Information.
     • Service Metadata. When an Authorized User interacts with the service, metadata is generated that provides additional context about the way Authorized Users work. For example, Vibrantcreator logs the Workspaces, channels, people, features, content and links you interact with, the types of files shared and what Third Party Services are used (if any).
     • Log data. As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Websites or service and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the Website or service, browser type and settings, the date and time the service was used, information about browser configuration and plugins, language preferences and cookie data.
     • Device information. Vibrantcreator collects information about devices accessing the service, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and crash data. Whether we collect some or all of this Other Information often depends on the type of device used and its settings.
     • Location information. We receive information from you, your Customer and other third-parties that helps us approximate your location. We may, for example, use a business address submitted by your employer, or an IP address received from your browser or device to determine approximate location. Vibrantcreator may also collect location information from devices in accordance with the consent process provided by your device
  3. Cookie Information. VIbrantcreator uses cookies and similar technologies in our Websites and Service that help us collect Other Information. The Websites and Service may also include cookies and similar tracking technologies of third parties, which may collect Other Information about you via the Websites and Service and across other websites and online services.
  4. Third Party Services. Customer can choose to permit or restrict Third Party Services for their Workspace. Typically, Third Party Services are software that integrate with our service, and Customer can permit its Authorized Users to enable and disable these integrations for their Workspace. Once enabled, the provider of a Third Party Service may share certain information with Vibrantcreator. For example, if a cloud storage application is enabled to permit files to be imported to a Workspace, we may receive user name and email address of Authorized Users, along with additional information that the application has elected to make available to Vibrantcreator to facilitate the integration. Authorized Users should check the privacy settings and notices in these Third Party Services to understand what data may be disclosed to VIbrantcreator. When a Third Party Service is enabled, VIbrantcreator is authorized to connect and access Other Information made available to VIbrantcreator in accordance with our agreement with the Third Party Provider. We do not, however, receive or store passwords for any of these Third Party Services when connecting them to the service.
  5. Contact Information. In accordance with the consent process provided by your device, any contact information that an Authorized User chooses to import (such as an address book from a device) is collected when using the service.
  6. Third Party Data. VIbrantcreator may receive data about organizations, industries, Website visitors, marketing campaigns and other matters related to our business from parent corporation(s), affiliates and subsidiaries, our partners or others that we use to make our own information better or more useful. This data may be combined with Other Information we collect and might include aggregate level data, such as which IP addresses correspond to zip codes or countries. Or it might be more specific: for example, how well an online marketing or email campaign performed.
  7. Additional Information Provided to Vibrantcreator. We receive Other Information when submitted to our Websites or if you participate in a focus group, contest, activity or event, apply for a job, request support, interact with our social media accounts or otherwise communicate with VIbrantcreator.

Generally, no one is under a statutory or contractual obligation to provide any Customer Data or Other Information (collectively, “Information”). However, certain Information is collected automatically and, if some Information, such as Workspace setup details, is not provided, we may be unable to provide the service.

How We Use Information

Customer Data will be used by Vibrantcreator in accordance with Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of service functionality, and as required by applicable law. VIbrantcreator is a processor of Customer Data and Customer is the controller. Customer may, for example, use the service to grant and remove access to a Workspace, assign roles and configure settings, access, modify, export, share and remove Customer Data and otherwise apply its policies to the service. VIbrantcreator uses Other Information in furtherance of our legitimate interests in operating our service, Websites and business. More specifically, Vibrantcreator uses Other Information:

• To provide, update, maintain and protect our service, Websites and business. This includes use of Other Information to support the delivery of the service under a Customer Agreement, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities or at an Authorized User’s request.
• As required by applicable law, legal process or regulation.
• To communicate with you by responding to your requests, comments and questions. If you contact us, we may use your Other Information to respond.
• To develop and provide search, learning and productivity tools and additional features. Vibrantcreator tries to make the service as useful as possible for specific Workspaces and Authorized Users. For example, we may improve search functionality by using Other Information to help determine and rank the relevance of content, channels or expertise to an Authorized User, make service suggestions based on historical use and predictive models, identify organizational trends and insights, to customize a service experience or create new productivity features and products.
• To send emails and other communications. We may send you service, technical and other administrative emails, messages and other types of communications. We may also contact you to inform you about changes in our service, our service offerings, and important service-related notices, such as security and fraud notices. These communications are considered part of the service and you may not opt out of them. In addition, we sometimes send emails about new product features, promotional communications or other news about Vibrantcreator. These are marketing messages so you can control whether you receive them.
• For billing, account management and other administrative matters. Vibrantcreator may need to contact you for invoicing, account management and similar reasons and we use account data to administer accounts and keep track of billing and payments.
• To investigate and help prevent security issues and abuse. If Information is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, VIbrantcreator may use it for any business purpose. To the extent Information is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection law, it is referred to in this Privacy Policy as “Personal Data.”

Data Retention

VIbrantcreator will retain Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of service functionality, and as required by applicable law. Depending on the service plan, Customer may be able to customize its retention settings and apply those customized settings at the Workspace level, channel level or other level. Customer may also apply different settings to messages, files or other types of Customer Data. The deletion of Customer Data and other use of the service by Customer may result in the deletion and/or de-identification of certain associated Other Information. For more detail, please review the Help Center or contact Customer. VIbrantcreator may retain Other Information pertaining to you for as long as necessary for the purposes described in this Privacy Policy. This may include keeping your Other Information after you have deactivated your account for the period of time needed for Vibrantcreator to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes and enforce our agreements.

How We Share And Disclose Information

This section describes how Vibrantcreator may share and disclose Information. Customers determine their own policies and practices for the sharing and disclosure of Information, and VIbrantcreator does not control how they or any other third parties choose to share or disclose Information.

• Customer’s Instructions. Vibrantcreator will solely share and disclose Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of service functionality, and in compliance with applicable law and legal process.
• Displaying the Service. When an Authorized User submits Other Information, it may be displayed to other Authorized Users in the same or connected Workspaces. For example, an Authorized User’s email address may be displayed with their Workspace profile. Please consult the Help Center for more information on service functionality.
• Collaborating with Others. The service provide different ways for Authorized Users working in independent Workspaces to collaborate, such as shared channels. Other Information, such as an Authorized User’s profile Information, may be shared, subject to the policies and practices of the other Workspace(s).
• Customer Access. Owners, administrators, Authorized Users and other Customer representatives and personnel may be able to access, modify or restrict access to Other Information. This may include, for example, your employer using Service features to export logs of Workspace activity, or accessing or modifying your profile details. For information about your Workspace settings, please see https://swit.com/swit-home/.
• Third Party Service Providers and Partners. We may engage third party companies or individuals as service providers or business partners to process Other Information and support our business. These third parties may, for example, provide virtual computing and storage services. Additional information about the subprocessors we use to support delivery of our Service is set forth at Vibrantcreator Subprocessors.
• Third Party Services. Customer may enable or permit Authorized Users to enable Third Party Services. When enabled, Vibrantcreator may share Other Information with Third Party Services. Third Party Services are not owned or controlled by Vibrantcreator and third parties that have been granted access to Other Information may have their own policies and practices for its collection and use. Please check the privacy settings and notices in these Third Party Services or contact the provider for any questions.
• Corporate Affiliates. Vibrantcreator may share Other Information with its corporate affiliates, parents and/or subsidiaries.
• During a Change to Swit’s Business. If Vibrantcreator engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Vibrantcreator’s assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), some or all Other Information may be shared or transferred, subject to standard confidentiality arrangements.
• Aggregated or De-identified Data. We may disclose or use aggregated or de-identified Other Information for any purpose. For example, we may share aggregated or de-identified Other Information with prospects or partners for business or research purposes, such as telling a prospective Vibrantcreator customer the average amount of time spent within a typical Workspace.
• To Comply with Laws. If we receive a request for information, we may disclose Other Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process.
• To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property or safety of Vibrantcreator or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
• With Consent. Vibrantcreator may share Other Information with third parties when we have consent to do so.

Security

Vibrantcreator takes security of data very seriously. Vibrantcreator works hard to protect Other Information you provide from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the Other Information we collect, process and store, and the current state of technology. Given the nature of communications and information processing technology, Vibrantcreator cannot guarantee that Information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others.

Registration

In order to use the Service, You must have a valid Account. To acquire an Account for the Service, You must provide Vibrantcreator with an electronic mail address and other information ("Registration Data"). You are responsible for maintaining the confidentiality of the access data for Your Account, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Vibrantcreator of any unauthorized use of Your Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Vibrantcreator cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. In consideration of use of the Service, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Vibrantcreator assumes no duty to verify such information as further detailed in the CONTENT OF THE SERVICE section of these Terms of Service. If You provide any information that is untrue, inaccurate, not current or incomplete, or Vibrantcreator has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Vibrantcreator has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). By using the Service (and registering an Account on the Service), You represent and warrant that You are at least 13 years of age, and no one under the age of 13 may use the Service - except as set forth below under "Kids Under 13 and Vibrantcreator ". Vibrantcreator may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale or provision of the Service conflicts with any applicable law, rule or regulation.

Kids Under 13 with Vibrantcreator

Vibrantcreator is not directed to children, and we expect that any use by children will only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials. Vibrantcreator relies on parents and guardians to ensure that minors only use Vibrantcreator if they can understand their rights and responsibilities as laid out in these Terms of Service and in our Privacy Policy. In the event that you are a school, district or teacher in the United States and want your students, who are under the age of 13, to create Vibrantcreator accounts - including in conjunction with the establishment of a Vibrantcreator paid account - you agree that you are responsible for complying with any law regulation that governs children protection (in the U.S. Children's Online Privacy Protection Act ("COPPA") and, to the extent applicable, the Family Educational Rights and Privacy Act ("FERPA"). This means that you must notify the students' parents/guardians of the personally identifiable information that Vibrantcreator will collect, and that you will obtain parental/guardian consent before your students establish accounts or use Vibrantcreator. When obtaining such consent, you must provide parents/guardians with a copy of our Privacy Policy. You must keep all consents on file and provide them to us if we request them.

Changes To This Privacy Policy

Vibrantcreator may change this Privacy Policy from time to time. Laws, regulations and industry standards evolve, which may make those changes necessary, or we may make changes to our business. We will post the changes to this page and encourage you to review our Privacy Policy to stay informed. If we make changes that materially alter your privacy rights, Vibrantcreator will provide additional notice, such as via email or through the service. If you disagree with the changes to this Privacy Policy, you should deactivate your service account. Contact the Customer if you wish to request the removal of Personal Data under their control.

Identifying The Data Controller And Processor

Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. In general, Customer is the controller of Customer Data. In general, Vibrantcreator is the processor of Customer Data and the controller of Other Information. Different Vibrantcreator entities provide the service in different parts of the world. Vibrantcreator AS, a Norwegian company based in Oslo, Norway, is the controller of Other Information and a processor of Customer Data relating to Authorized Users who use Workspaces established for Customers.

Your Rights

Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to Information, as well as to seek to update, delete or correct this Information. You can usually do this using the settings and tools provided in your service account. If you cannot use the settings and tools, contact Customer for additional access and assistance. Please check https://vibrantcreator.com for Customer contact information. To the extent that Vibrantcreator’s processing of your Personal Data is subject to the General Data Protection Regulation, Vibrantcreator relies on its legitimate interests, described above, to process your data. Vibrantcreator may also process Other Information that constitutes your Personal Data for direct marketing purposes and you have a right to object to Vibrantcreator’s use of your Personal Data for this purpose at any time.

Data Protection Authority

Subject to applicable law, you also have the right to (i) restrict Vibrantcreator’s use of Other Information that constitutes your Personal Data and (ii) lodge a complaint with your local data protection authority.

Contacting Vibrantcreator

Please also feel free to contact Vibrantcreator if you have any questions about this Privacy Policy or Vibrantcreator’s practices, or if you are seeking to exercise any of your statutory rights. You may contact us at contact@vibrantcreator.com