You Visit Vivian.com

• Device Data: Technical data about your computer or device, like your IP address, device type, operating system type and version, unique device identifiers, browser type, browser language, your device's OS and other systems data. We also collect your approximate geographic location, like country, city, and approximate geographic coordinates, calculated based on your IP address. We may also allocate to you a unique browser ID by placing a cookie on your browser.
• Usage Data: Usage statistics about your interactions with our website, including the last page you were on before clicking to our website, pages of our website you visited, content you accessed, time you spent on pages, features you used, your search queries, click data, online chat communications, and the date and time of these activities.

The personal information listed above is collected through the use of server log files and tracking technologies, as detailed in the “Cookies and Data Collection Tools” Section. We use this personal information to identify new and returning visitors, and their usage and access preferences. We also may use this information in aggregate to analyze usage of the Vivian Platform. This enables us to improve the design, content and offerings on the Vivian Platform, and to personalize your experience (for instance, to recognize you by name when you return to our platform, to present content in the language of your browser, or to promote certain content or features to you).

You Create a Healthcare Professional Account

• Account Data: When you create or update your account, we collect and store certain personal information like your first and last name, email address, and password. You may provide us additional personal information to complete your profile like your phone number, date of birth, last four digits of your social security number, work history, references, education, certifications, Covid 19 vaccination status, and associated documentation and other professional information, as well as your account settings. We assign your account a unique identifying number. We may also associate with your account a badge or other distinction showing your qualification for a special program
• Social Media Sign-in: Vivian may enable you to create an account and log in using sign-in services such as Facebook and LinkedIn. These services will authenticate your identity and provide you the option to share certain personal information from your Facebook or LinkedIn account with us. If you log in using your Facebook or LinkedIn profile, we may receive personal information like your name, profile picture, age information, language, email address, and friend / connections list. All such information is then added to your Account Data.
• Account Activity Data: When you are logged into your account, all your activities on the Vivian platform are associated with your account, including your job applications and information you provide (such as completed skills checklists), your interactions with recruiters, potential employers, or Vivian staff, including via email, SMS messages, and push notifications, and how you respond or interact with these messages. Any previous Device Data and Usage Data is also associated with your account.
• Live Chat: Vivian provides a chat service enabling you to have real time conversations with a recruiter or an AI agent to answer questions on behalf of the recruiter. Such chat messages are stored by Vivian.
• Social programs: if you participate in any loyalty or other special program, you may be requested to provide additional information for the administration of the program such as your paystub, or a completed W9 tax form which may include your social security number. We do not share any such information with anyone.

You use the Vivian Mobile Application

If you are a healthcare professional, you may create and access your account via our mobile app and use the Vivian platform and associated services through the app. In such case, we collect the same Account Data and associated Account Activity Data as if you were using the vivian.com website. We will also assign your app install a unique ID and will also receive the unique identifier that is tied to your app store account ID (such as Google Play or iTunes/Appstore or Amazon Appstore).

You serve as reference for a candidate

The Vivian platform enables candidates to provide the name and contact information (phone number and email) of individuals who may be contacted by Vivian to serve as professional references. We encourage candidates to ensure they receive consent of references prior to sharing reference personal information with us. We use this information solely for contacting references in connection with the candidate, creating a candidate reference form and storing such form in our platform together with the candidate profile, to make it available to recruiters who are interested in the candidate. To request the deletion of your contact information from Vivian's platform and systems, please contact us at [email protected]. See also your specific rights under the State Specific Disclosures and Rights section of this Privacy Policy.

You Participate in a Loyalty Program

In order to earn rewards under certain loyalty programs, you may be required to provide a pay stub to enable Vivian to verify that you have been hired for a job via the Vivian platform. Vivian will collect and use your pay stub information for such verification. Vivian will not share your pay stub information with anyone. Your pay stub may contain your full social security number, which is not required for Vivian's verification. You should redact your social security number prior to uploading your pay stub to the Vivian platform.

You Use an Employer/Recruiter Account

Vivian provides its enterprise customers (“Customers”) services by connecting them to our jobs marketplace. In the course of providing such services, Vivian will receive and have access to personal information of individual users to whom Customers grant access (“Authorized Users”). For the purposes of the California Consumer Privacy Act, Customers are businesses and Vivian is a service provider.

Authorized Users should contact Customers (their employer) for assistance with any requests or questions relating to the processing of their personal information in connection with their use of Vivian’s services.

You Participate in a Challenge, Contest or Sweepstakes

By performing certain actions on our platform or using some of our functionalities or features, you may be eligible, where indicated, to participate in a contest or in a drawing for a prize. The full terms and conditions of any such challenge, contest or sweepstakes (“Promotion”) will be set forth where the opportunity to enter the Promotion is offered. To administer a Promotion and fulfill prizes to the winners, we may collect additional personal information about you when you enter the promotion, or once you have become eligible for receiving a prize, such as your postal address. We may also disclose such personal information with our prize fulfillment vendors.

You Contact Our Support Team

You may contact our support team to report a problem or concern, or you may contact us via a “contact us” feature on the Vivian platform. When you do, we collect and store your email address and the content of your message, as well as the content of any response we provide. Because email communications are not always secure, and because we tie your messages to your email address, please do not include sensitive personal information in your messages to us.

You Click on Links to Other Services

The Vivian platform may contain links to external websites and services. These links are provided only for your convenience and you are free to use them. We do not control these other websites, and any personal information collected by them via their websites is governed by their respective privacy policies.

How We Collect Your Personal Information

You Provide the Personal Information Directly to Us

When you create an account or apply for a job, you provide your Account Data and other professional information, as explained in the You Create a Healthcare Professional Account Section. If you are an Authorized User of a Vivian Health Customer, the Customer created login credentials for you with your name and professional email.

Cookies and Data Collection Tools

Vivian and other parties acting on our behalf (like vendors who power our chat or text message features, analytics vendors and advertising companies we hire to promote our platform) use data collection tools like cookies, web beacons, tags, scripts, customized links, device or browser fingerprints and similar tracking technologies (together, “Data Collection Tools“) to gather personal information when you use the Vivian platform. These Data Collection Tools automatically track and collect certain Device Data and Usage Data when you use the Vivian platform (See the Personal Information We Collect Section).

Cookies are small text files stored by your browser, to collect, and store information about your activities across websites and apps, including the Vivian platform. Cookies can remain on your computer or mobile device for different periods of time. Some cookies are 'session cookies', meaning that they exist only while your browser is open. These are deleted automatically once you close your browser. Other cookies are 'permanent cookies', meaning that they survive after your browser is closed. They can be used by websites and advertising services to recognize you when you open your browser and browse the Internet again. Cookies can be “first party”, meaning they are served directly by us to your browser or mobile device, or “third party”, meaning they are served by either one of our vendors to provide their services to us, or by an advertising partner when we promote our services.

To manage your cookie settings, see the Managing Cookies section below, and to, opt out of selling or sharing your personal information via third party cookies (as defined in the CCPA for California users) or to opt out of cookies for interest based advertising (for Virgina users), see the How to Opt Out of Selling, Sharing and Targeted Advertising (CA and VA) section below.

We Receive Personal Information about You from Other Sources

Vivian may use certain services that offer access to public records of healthcare professional license verification information. When we access such services to verify a professional's license status, we may add such license status to the individual's health care professional account.

How we Use your Personal Information

We collect and process your personal information for the following purposes:

• To make the Vivian platform function: We use personal information to facilitate our website, app, and services’ technical functioning, including recognizing you across your various mobile and desktop devices, troubleshooting and resolving issues.
• To provide our services: We use personal information to provide and administer our jobs portal and associated services to healthcare professionals, recruiters, and employers, including processing healthcare professional requests to apply to a job, matching candidates with job offers, connecting candidates with potential employers, enabling direct communication between candidates and potential employers, promotion of certain job opportunities that may interest specific healthcare professionals, and sending personalized messages to healthcare professionals based on other jobs they have applied to or their professional skills. Compensation information we receive from healthcare professionals is anonymized and aggregated with other compensation data to provide pay insights and recommendations to healthcare professionals, healthcare facilities and staffing agencies.
• To administer our platform: We use personal information to communicate with you by onsite or in app messaging, push notification, support chat, email, text messages or telephone, to provide updates about the status of your applications, responding to your questions, sending you administrative messages and information about our service. This may include sending you messages on behalf of employers, candidates and Vivian staff, sending notifications about changes to our services and updates to our terms of services or other applicable terms; sending messages about your account and soliciting your feedback via surveys.
• To promote our services to existing users: We use your personal information to send you Vivian promotional information by push notification, email or text messages, such as messages about new features and services, rewards programs, promotions, newsletters, content and other available content. We may also send you our customers job listings based on your past jobs, work experience and qualifications or past job searches you performed on our platform.
• To promote our platform and services to the general public: We promote our services and our customers job listings on third-party job boards and other third-party websites and applications. Our advertising partners may use Device Data and Usage Data to target our advertisements to you when you are visiting third party websites.
• To improve our platform and services: We use aggregated data from our users to determine healthcare job market trends based on what content is consumed, what job searches are performed, and other aggregated platform usage data. This helps us inform and improve our services to healthcare professionals and employers, and to develop new products, services, and features.
• For safety and compliance: We use information about your device and usage of our platform for security, fraud and abuse prevention, safety and integrity of our systems, users, employees, third parties and the public, or as otherwise required for us to comply with any applicable laws. We also monitor the behaviors or recruiters and candidates on the platform to enforce our agreements and terms of service.

How Long We Keep Your Personal Information

Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information (which includes the categories of Personal Information for California residents set forth in the charts below) for as long as necessary to fulfill the purposes we collected it for, as required to satisfy any legal obligations, or as necessary to resolve disputes. To determine the appropriate retention period for personal information, we consider applicable legal requirements, the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes we process your personal information for, and whether we can achieve those purposes through other means. For certain types of personal information we will only maintain it for a limited duration.

For example, absent an applicable legal obligation or dispute, we will generally retain the following categories of information as follows:

• Device Data and Usage Data. If you have not created an account with Vivian, we retain personal information collected about visitors of the vivian.com website for up to five years. If you have created an account with Vivian, your Device and Usage Data will be associated with your account for the entire duration of your account, and will be anonymized after you have terminated your account, meaning that your Device and Usage Data will no longer be associated with your account.
• Health Professional Account Data: We retain all personal information associated with your account, including reference forms and reference contact information, for up to 60 days after your account is terminated, unless you instruct us otherwise, after which information about your account activity including your actions and communications via the Vivian platform remains but is anonymized and no longer tied to your name or email address or any other information that may identify you within our active account database.
• Pay stub records: If you participate in a loyalty or rewards program and provide us your pay stub information or W9 tax information, we retain such information for up to four years for financial compliance purposes.
• Employer/Recruiter Account Data: We retain personal information linked to employer/recruiter accounts only for the duration of our contracts with our Customers and up to 60 days thereafter, or as otherwise provided in such contracts, after which the employer/recruiter account activity data remains but is anonymized and no longer tied to a name or email address or any other personal information that may identify the end-user of the account within our active account database.

With Whom and Why we Share your Personal Information

Recruiters or Potential Employers

Upon the instruction of healthcare professionals, including when they apply for a job, we provide their personal information to the recruiter or potential employer, so they can consider the application. This personal information may include the healthcare professional's contact information, professional experience, professional credentials, reference information, last four digits of your social security number, Covid 19 vaccination status, and other related personal information.

Vivian's Vendors

We share user personal information with vendors who perform services on our behalf, like hosting, fraud and abuse prevention, data analysis, push notification, chat (including AI), email and text messaging services, including for the creation of email target lists for various promotional messages, the dispatch of promotional and informational messages, analysis of communications and actions you take upon receiving messages, and the management of unsubscribe requests and our email sunset policy. If you participate in a promotion and win prizes or participate in a loyalty program and earn rewards, we also share your personal information with vendors who administer the fulfillment of the prizes and rewards. We also use vendors to administer surveys who may receive or collect certain personal information about you if you participate in a survey. We also use vendors to manage our CRM and marketing databases that include prospect and customer contact information as well as details of communications with them. CRM data is hosted in databases controlled by us and hosted by our vendor. These vendors may access and use your personal information solely as we direct, to provide our requested service. If you participate in a research program, we also share your personal information with vendors who recruit participants on our behalf and administer the program.

Vivian's Advertising Partners

We use third party advertising services to promote our services and our Customers’ jobs. We implement on our platform certain code provided by our advertising partners (such as a tag, pixel or beacon) that enable them to collect your personal information via Data Collection Tools. These services use cookies and other data collection and tracking technology to target advertisements to you based on your activities on the Vivian platform and on other websites. The ad targeting to you can be based on your recent activity or activity over time and across multiple websites and services. Such collection and use by third parties may qualify as a “sale” or “sharing” of personal information under the California Consumer Privacy Act or Targeted Advertising under the Virginia Consumer Data Protection Act. For more information see the State Specific Disclosures and Rights Section below. Your Account Data including your mobile telephone information, and the content of any text message you send or receive, are not shared with any third party for marketing or promotional purposes.

Review Services

We may share your contact information with third party independent review websites and services to allow them to invite you to leave a review about Vivian's services and platform. Such sharing may qualify as a “sale“ or “sharing“ of personal information under the California Consumer Privacy Act or the Virginia Consumer Data Protection Act. For more information see the State Specific Disclosures and Rights Section below.

Event Participants and Sponsors

When we organize online or live events, we may share your contact information, company and job title with speakers and presenters of event sessions, and with event sponsors. Such information may also be shared with other participants through attendee lists. We may use an external platform or application to manage our events. Such platforms or apps allow event participants to opt-in to event attendee lists and messaging features. Other attendees may view the profile or contact information you provide.

For Security and Legal Compliance

We may disclose your personal information to external parties if we (in our sole discretion) have a good faith belief that the disclosure is:

• Required by law, requested as part of a judicial, governmental, or legal inquiry, order, or proceeding or reasonably necessary as part of a valid subpoena, warrant, or other legally-valid request;
• Reasonably necessary to enforce our Terms of Use, Privacy Policy, and other legal agreements;
• Required to detect, prevent, or address fraud, abuse, misuse, potential violations of law (or rule or regulation), or security or technical issues;
• Reasonably necessary in our discretion to protect against imminent harm to the rights, property, or safety of our users, customers, employees, or members of the public, or the security of our platform and operations.

We may also disclose personal information about you to our auditors and legal advisors in order to assess our disclosure obligations and rights under this Privacy Policy.

During a Change in Control

If Vivian is part of a business transaction like a merger, acquisition, corporate divestiture, or dissolution (including bankruptcy), or a sale of all or some of its assets, we may disclose or transfer all of your personal information to the acquiring or successor organization (including prior to the transaction for due diligence purposes).

Your Privacy Rights and Choices

You have rights and choices regarding our collection and use of your personal information, as well as the collection and use by some of our partners. These are detailed below.

Unsubscribing From our Emails

We may use your email address to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. If you no longer wish to receive these emails, you may opt out of receiving any or all emails from us by following the unsubscribe link or instructions provided at the bottom of any email we send. You may also contact us at [email protected] to make an email unsubscribe request. After we receive your request, please allow up to ten business days for us to complete your request, during which you may still receive some emails from us. Please note that certain advertisers that maintain their own mailing lists may send communications that advertise our products or services; and you may need to contact those parties directly in order to stop receiving their email communications.

Text Messages

You may receive text messages from us, recruiting agencies, potential employers, or other parties we use to make our services available to you. These text messages are necessary in order to deliver our services to our customers and health care professionals. If you agree to use our job platform, you agree to receive these text messages. You may opt-out of receiving certain text messages by texting "STOP" in response to a message. Note that if you opt-out of receiving certain messages, you may continue to receive other text messages from us. If you need any assistance, text "HELP" in response to the message. You may also contact us at [email protected] to update the communication preference settings of your account. Note, however, that recruiters may still contact you via SMS.

Terminating your Account

If you are accessing our services through an employer or recruiter account, you should request the termination of your account via your employer who has a contract with Vivian. If you have a healthcare professional account, you may at any time terminate your account by contacting us at [email protected] and asking us to terminate your account. Please note that this process can take up to 30 days to complete, and note also that even after your account is terminated, some or all of your personal information may still be visible to others, including without limitation any personal information that has been shared with recruiters or potential employers by us; shared by you with others via Vivian.com, or posted to a third-party platform. Even after your account is terminated, we retain your personal information for as long as we have a legitimate purpose to do so (and in accordance with applicable law), including to assist with legal obligations, resolve disputes, and enforce our agreements. We may retain and disclose such personal information pursuant to this Privacy Policy after your account has been terminated.

Managing Cookies

If you remove Vivian cookies from your browser cache and you do not have an account with Vivian, we may no longer recognize your browser and activities until a new cookie is placed. You can set your web browser to alert you about attempts to place cookies on your computer, limit the types of cookies you allow, or refuse cookies altogether. If you do, you may not be able to use some or all features of our platform, and your experience may be different or less functional. For more information, see the Cookies and Data Collection Tools Section. You can learn about how to opt-out of interest based ads through these resources:

• Network Advertising Initiative (http://www.networkadvertising.org/)
• Digital Advertising Alliance (http://www.aboutads.info/consumers)
• Your Online Choices (http://www.youronlinechoices.com/)

You may opt out of tracking and receiving tailored advertisements on your mobile device by some mobile advertising companies and other similar entities by downloading the App Choices app at http://www.youronlinechoices.com/appchoices . In addition, third party tools enable you to search for and opt-out of some of these devices, such as the Ghostery browser plug-in available at https://www.ghostery.com/ .

The chart below summarizes the categories of Personal Information we have collected within the past 12 months, how we use it, and with whom we Share or Sell certain Personal Information. For further details, please see the Personal Information We Collect , How we Use your Personal Information and With Whom and Why we Share your Personal Information Sections of this Privacy Policy.

We retain Personal Information for various time periods in accordance with applicable law and our internal recordkeeping policies and procedures. For more information on our retention practices, please see the Section How Long We Keep Your Personal Information in this Privacy Policy.