Category: VIVA_Legal

Introduction

At VIVA, we are committed to improving our practices to combat slavery and human trafficking. This Modern Slavery Statement reflects our promise to act ethically and with integrity in all our business relationships and to implement and enforce effective systems and controls to ensure slavery and human trafficking is not taking place anywhere in our own business or in any of our supply chains.

Organizational Structure

VIVA is a developer of software for graphic design as well as for optimizing and automating marketing and layout processes for corporations in all branches as well as the graphics industry, based in Koblenz, Germany, and we operate worldwide, with manufacturing facilities in several European countries. We are a leader in our industry and recognize our responsibility to take a robust approach to slavery and human trafficking.

Our Supply Chains

Our supply chain includes the procurement of software modules and services, manufacturing of sofwtare products, and distribution networks covering various sectors. We are committed to continually reviewing and updating our procurement processes, and engaging only with suppliers who uphold the same ethical principles we do.

Policies on Slavery and Human Trafficking

Our commitment to combating modern slavery in our business and supply chains is upheld through our policies, including:

Human Rights Policy: Ensures all rights are respected and protected.

Supplier Code of Conduct: Mandates that our suppliers commit to ensuring that their operations are free from forced or compulsory labor.

Employee Code of Conduct: Stresses the importance of ethical conduct and compliance with all applicable laws, including those pertaining to human trafficking and slavery.

Training

To ensure a high level of understanding of the risks of modern slavery and human trafficking in our supply chains and our business, we provide training to our staff, particularly those in Supply Chain Management and Human Resources.

This statement is made pursuant to section 54(1) of the Modern Slavery Act 2015 and constitutes our slavery and human trafficking statement for the financial year ending [Date].

Approved by: Peter Hannon, 1.1.2023

 

 

Introduction

VIVA is committed to conducting all business in accordance with the highest ethical standards and to strictly rejecting all forms of corruption and bribery. This Anti-Corruption Policy serves to reaffirm our company’s commitment to avoiding corrupt practices and to provide guidelines and procedures to ensure compliance with all applicable anti-corruption laws.

Scope

This policy applies to all employees, directors, officers, contractors and consultants of [Company Name] worldwide. It covers all business activities and operations involving our employees and related parties.

Definitions

Corruption: The misuse of entrusted power for private gain.

Bribery: Offering, promising, giving, accepting, or soliciting of an advantage as an inducement for an action which is illegal, unethical, or a breach of trust.

Policy Guidelines

Prohibition of Bribery and Corruption: VIVA strictly prohibits any form of bribery and corruption. Employees and associated third parties are not permitted to, directly or indirectly, offer, promise, give, or accept bribes to or from any person or organization. This includes government officials, clients, contractors, and individuals in the private sector.

Gifts and Hospitality: Gifts and hospitality may be offered or accepted only when they are reasonable, appropriate, and justifiable under the circumstances. They must not be intended to influence an individual’s impartiality or decision-making process. All gifts and hospitality must be transparently recorded in the company’s gift registry.

Due Diligence: VIVA will conduct due diligence on third parties before entering into any agreements to ensure alignment with this Anti-Corruption Policy. Ongoing monitoring will be conducted to ensure compliance.

Training and Communication: Regular training on this policy and related legal requirements will be provided to all employees. This policy will be communicated to all third parties engaged with VIVA to ensure awareness and compliance.

Reporting Violations

Employees and external parties are encouraged to report any suspicious activities or breaches of this policy confidentially. VIVA ensures that all reports will be investigated thoroughly and promptly, with respect for the confidentiality and protection of those reporting.

Enforcement

Violations of this Anti-Corruption Policy will result in disciplinary action, up to and including termination of employment. Legal proceedings may also be initiated where applicable. Managers and supervisors are responsible for enforcing this policy and ensuring that employees under their supervision are aware of and comply with it.

Review and Modification

This policy will be reviewed annually and modified as necessary to ensure it meets legal requirements and aligns with best practices in corporate governance.

Conclusion

VIVA is dedicated to upholding the highest standards of honesty and integrity. We are committed to fighting corruption in all forms and maintaining a clean and ethical business environment.

Approval

This policy has been approved by Peter Hannon and is effective as of January 1, 2023.

 

Last change: January 1, 2024

Declaration on the gender pay gap

VIVA supports the principle of gender neutrality with regard to pay, which is laid down in Article 157 of the Treaty on the Functioning of the European Union (TFEU). Several countries now legislate to require companies to analyze and report on the gender pay gap, for example:

In Germany, the Pay Transparency Act, which came into force in January 2018, entitles employees to request certain aggregated information on the pay of colleagues of the opposite gender in comparable positions.

In the UK, legislation has required all companies with 250 or more employees to report their gender pay gap annually since April 2017.

We are a small company with less than 200 employees, so we are not required to report on the gender pay gap.

 

VIVA SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE VIVA SOFTWARE. BY USING THE VIVA SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE VIVA SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE VIVA SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK “DISAGREE/DECLINE”. FOR VIVA SOFTWARE INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND.

IN THE EVENT THAT A SYSTEM INTEGRATOR, CONSULTANT, CONTRACTOR OR OTHER PARTY BREAKS THE SEAL FOR LICENSEE, OR USES OR INSTALLS THE SOFTWARE ON LICENSEE’S BEHALF PRIOR TO LICENSEE’S USE OF THE SOFTWARE, SUCH SYSTEM INTEGRATOR, CONSULTANT, CONTRACTOR OR OTHER PARTY WILL BE DEEMED TO BE LICENSEE’S AGENT ACTING ON LICENSEE’S BEHALF AND LICENSEE WILL BE DEEMED TO HAVE ACCEPTED ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS IF LICENSEE HAD BROKEN THE SEAL OR USED OR INSTALLED THE SOFTWARE.

NOTICE TO SYSTEM INTEGRATORS, CONSULTANTS, CONTRACTORS AND OTHER PARTIES WHO DO NOT INTEND TO BE END USERS OF THE SOFTWARE: IF YOU BREAK THE SEAL, OR USE OR INSTALL THE SOFTWARE AS AN AGENT ACTING ON BEHALF OF THE LICENSEE, THEN, UNLESS YOU HAVE ENTERED INTO A SEPARATE AGREEMENT WITH VIVA, (I) YOU AGREE TO DELIVER THE TANGIBLE MEDIA CONTAINING THE SOFTWARE AND THIS LICENSE AGREEMENT TO THE LICENSEE PRIOR TO PROVIDING THE LICENSEE ACCESS TO THE SOFTWARE, AND (II) YOU AGREE THAT YOU WILL NOT RETAIN ANY COPIES OF THE SOFTWARE. OTHERWISE, YOU WILL BE DEEMED TO BE THE USER OF THE SOFTWARE AND BOUND BY THE TERMS OF THIS AGREEMENT.

IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.

1. General. The software (including all content), documentation and any fonts accompanying the software (if any), whether on disk, in read only memory, on any other media or in any other form (collectively the “VIVA Software”) is licensed, not sold, to you by VIVA Technology GmbH (“VIVA”) for use only under the terms of this License, and VIVA reserves all rights not expressly granted to you herein. The rights granted herein are limited to VIVA’s and its licensors’ intellectual property rights in the VIVA Software and do not include any other patents or intellectual property rights. You own the media on which the VIVA Software is recorded but VIVA and/or VIVA’s licensor(s) retain ownership of the VIVA Software itself. The terms of this License will govern any software upgrades provided by VIVA that replace and/or supplement the original VIVA Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. Title and intellectual property rights in and to any content displayed by or accessed through the VIVA Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content. You may not access the Digital Imagery contained within the VIVA Software as stand alone files or use the Digital Imagery outside the context of the intended use of the VIVA Software.

2. Permitted License Uses and Restrictions.
A. VIVA Single User License. This License allows you to install and use one copy of the VIVA Software (whether trial or full version) on a single computer at a time. This License does not allow the VIVA Software to exist on more than one computer at a time, and you may not make the VIVA Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the VIVA Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.

B. Except as and only to the extent permitted in this License, by applicable licensing terms governing use of the Open-Sourced Components, and by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the VIVA Software or any part thereof. THE VIVA SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE VIVA SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Compliance with Licenses. To ensure compliance with the terms of this Agreement, VIVA may, no more than once annually, appoint an independent third party to audit and inspect all the Computers and networks on which you (or your contracting parties) Install and/or Access the Software. Any such audit shall be conducted at its expense during regular business hours at your offices and shall not unreasonably interfere with your business activities. If such audit shows that you are not using the Software in accordance with the terms of this Agreement, you shall pay the applicable fees for such additional copies within thirty (30) days of invoice, with such underpaid fees being the license fees as per VIVA’s then-current, country specific, price list. If underpaid fees are in excess of five percent (5%) of the value of the fees paid under this Agreement, then you shall pay such underpaid fees and VIVA’s reasonable costs of conducting the audit. Nothing in this Section shall be deemed to limit any legal or equitable remedies available to VIVA for violation of this Agreement.

3. Transfer. You may not rent, lease, lend, redistribute or sublicense the VIVA Software. You may, however, make a one-time permanent transfer of all of your license rights to the VIVA Software (in its original form as provided by VIVA) to another party, provided that: (a) the transfer must include all of the VIVA Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the VIVA Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the VIVA Software reads and agrees to accept the terms and conditions of this License. You may not rent, lease, lend, redistribute, sublicense or transfer any VIVA Software that has been modified or replaced under Section 2D above. All components of the VIVA Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications.

Updates: If an VIVA Software update completely replaces (full install) a previously licensed version of the VIVA Software, you may not use both versions of the VIVA Software at the same time nor may you transfer them separately.

NFR (Not for Resale) Copies: Notwithstanding other sections of this License, VIVA Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.

Academic Copies: If the VIVA Software package has an academic label or if you acquired the VIVA Software at an academic discount, you must be an Eligible Educational End User to use the VIVA Software. “Eligible Educational End Users” means students, faculty, staff and administration attending and/or working at an educational institutional facility (i.e., college campus, public or private K-12 schools).

4. Consent to Use of Data. You agree that VIVA and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the VIVA Software. VIVA may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

5. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from VIVA if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the VIVA Software and destroy all copies, full or partial, of the VIVA Software.

6. Limited Warranty on Media. VIVA warrants the media on which the VIVA Software is recorded and delivered by VIVA to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at VIVA’s option, a refund of the purchase price of the product containing the VIVA Software or replacement of the VIVA Software which is returned to VIVA or an VIVA authorized representative together with proof of purchase. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION, PACKAGING OR OTHERWISE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

7. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE VIVA SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VIVA SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND VIVA AND VIVA’S LICENSORS (COLLECTIVELY REFERRED TO AS “VIVA” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE VIVA SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. VIVA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE VIVA SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE VIVA SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE VIVA SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE VIVA SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VIVA OR AN VIVA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE VIVA SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL VIVA BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE VIVA SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF VIVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall VIVA’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

9. Export Control. You may not use or otherwise export or reexport the VIVA Software except as authorized by United States law and the laws of the jurisdiction in which the VIVA Software was obtained. In particular, but without limitation, the VIVA Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the VIVA Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

10. Government End Users. The VIVA Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202–1 through 227.7202–4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

11. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the Federal Republic of Germany. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

12. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the VIVA Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by VIVA. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.

13. Third Party Acknowledgements.
A. Portions of the VIVA Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the “online” electronic documentation for the VIVA Software, or may otherwise accompany such material, and your use of such material is governed by their respective terms.

B. Certain software libraries and other third party software included with the VIVA Software are free software and licensed under the terms of the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL), as the case may be. You may obtain a complete machine-readable copy of the source code for such free software under the terms of the GPL or LGPL, as the case may be, without charge except for the cost of media, shipping, and handling, upon written request to VIVA. The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the GPL and LGPL is included with the VIVA Software.

The following privacy policy is effective from May 25th, 2018.
Last change: January 1, 2021

General Terms

VIVA cares about your privacy. For this reason, we collect and use personal data only as it might be needed for us to deliver to you our software, products, services, websites and mobile applications (collectively, our “Services”). Your personal data includes information such as:

• Personal data (Name, Title, Date of birth, etc.)
• Contact data (Company nname, postal address, country, Telephone numbers, EMail adresses, IP- and Mac-Adresses, Adress data in social media etc.)
• Contract information
  Contract information, invoicing and payment data, invoices, credit notes, reminders, tax data/numbers, bank details, Lieferantendaten, accounts receivable and accounts payable, Creditor ID according to SEPA, contact names, etc.
• Marketing and Support information (Product or contractual interest, customer history, support requests, information on entitlement to special conditions (e.g. EDU editions)
• Application used (name, serial number, program version, lizense information, operating system, system language, program language, Browser version, etc.)
• Information about the hardware and software of the device on which the service is used, or from which the service is accessed (monitor resolution, processors, RAM, hardware interfaces, dongles, etc.
• Information about the access through which the service is used, or from which the service or application is accessed (band width, end device, continent, country, town/city, Domain, group membership, network Mac adresses, IP adresses, login data, online status, etc.
• Information about the activities as well as creation, deletion and usage of documents, folders, links, tasks, invitations, statuses, surveys, roles and access rights on Internet services such as VivaCloud (document name, date and duration of usage, file and folder operations, content when entering forms, etc.)
• Information and data voluntarily submitted to us (information and data for support requests, technical support, quotation requests.

Our Privacy Policy is intended to describe to you how and what data we collect, and how and why we use your personal data.
If at any time you have questions about our practices or any of your rights described below, you may contact us using our contact form. This inbox is actively monitored and managed so that we can guarantee the appropriate quality of our information.

What information do we collect?

We collect information so that we can provide the best possible experience when you utilize our Services. Much of what you likely consider personal data is collected directly from you when you:

• create an account or purchase any of our Services (e.g. billing information, including name, address, credit card number, identification);
• request support/information from our sales and customer support team (e.g. address, phone number);
• complete contact forms or request newsletters or other information from us (e.g. email); or
• participate in contests and surveys, apply for a job, or otherwise participate in activities we promote that might require information about you.

However, we also collect additional information when supplying and delivering our Services to you to ensure necessary and optimal performance. These methods of collection may not be as obvious to you, so we wanted to highlight and explain below a bit more about what these might be (as they vary from time to time) and how they work:

Account related information is collected in association with your use of our Services, such as account number, credit card details, purchases, usage, when products renew or expire, information requests, and customer service requests and notes or details explaining what you asked for and how we responded.

Cookies and similar technologies on our website and our mobile applications allow us to track your browsing behavior, links clicked, items purchased, your device type, and to collect various data, including analytics, and find out how you use and interact with our Services. This allows us to provide you with more relevant product offers, a better usage of our website and mobile applications, and to collect, analyze and improve the performance of our Services. We may also collect your location (IP address) so that we can personalize our Services. For additional information, and to learn how to manage the technologies we utilize, please read the special section “Usage of cookies, scripts and counting pixels“.

Data about usage of Services is automatically collected when you use and interact with our Services, including metadata, log files, cookie/device IDs and location information. This information includes specific data about your interactions with the features, content and links (including those of third-parties, such as social media plugins) contained within the Services, Internet Protocol (IP) address, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data, information about devices accessing or using the Services, including the type of device, which operating system is used, device settings, application IDs, unique device identifiers and error data, and some of this data collected might be capable of and be used to approximate your location.

Supplemented Data may be received about you from other sources, including publicly available databases or third parties from whom we have purchased data, in which case we may combine this data with information we already have about you so that we can update, expand and analyze the accuracy of our records, identify new customers, and provide products and services that may be of interest to you. If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

How we utilize information
The information we collect will be both minimized and used only for the purpose for which we have been granted or required for the delivery / provision of the Services you purchased/used or with which you interact, or for compliance with laws or other legitimate purposes is required or permitted. This usage includes:

Delivering, improving, updating and enhancing the Services we provide to you.

We collect various information relating to your purchase, usage and/or interactions with our Services. We utilize this information to:

• Improve and optimize the operation and performance of our Services (programs, websites and mobile applications)
• Diagnose problems and identify any security risks, errors, or necessary enhancements to the Services
• Detect and prevent fraud and abuse of our Services
• Collection of aggregated statistics on the use of Services.
• Analysis of how you use our Services and which Services are most relevant to you.

Often, much of the data collected is aggregated or statistical data about how our Services are used, and is not linked to any personal data, but to the extent it is itself personal data, or is linked or linkable to personal data, we treat it accordingly.

Sharing with trusted third parties

We do not sell or trade your personal information to outside parties!

We do not sell or trade your personal information to outside parties.
We may share your personal data with affiliated companies within our corporate family, with third parties with which we have partnered to allow you to integrate their services into our own Services, and with trusted third party service providers as necessary for them to perform services on our behalf, such as:

• Processing credit card payments
• Advertisements
• Conducting contests or surveys
• Demographic analysis of our Services and customers
• Communicating with you, such as email or survey
• Customer relationship management

We only share your personal data as necessary for any third party to provide the services as requested or as needed on our behalf. These third parties (and any subcontractors) are subject to strict data processing terms and conditions and are prohibited from utilizing, sharing or retaining your personal data for any purpose other than as they have been specifically contracted for (or without your consent).

Communicating with you

We may contact you directly or through a third party service provider regarding Services which you use or purchased from us, or for which you have signed up, such as is necessary to deliver transactional or service related communications. We may also contact you with offers for additional services we think you’ll find valuable if you give us consent, or where allowed based upon legitimate interests. You don’t need to provide consent as a condition to purchase our goods or services. These contacts may include:

• Email address
• Text messages (SMS)
• Telephone calls
• Automated phone calls or text messages

You may also update your preferences with respect to receiving communications from us and/or our partners by signing into your account and visiting the appropriate Service.

If we collect information from you in connection with a co-branded offer, it will be clear at the point of collection who is collecting the information and whose privacy policy applies. In addition, it will describe any choice options you have in regards to the use and/or sharing of your personal data with a co-branded partner, as well as how to exercise those options.

If you make use of a service that allows you to import contacts (ex. using email marketing services to send emails on your behalf), we will only use the contacts and any other personal information for the requested service. If you believe that anyone has provided us with your personal information and you would like to request that it be removed from our database, please contact us using our contact form.

Transfer of personal data abroad

If you utilize our Services from a country other than the country where our servers are located, your communications with us may result in transferring your personal data across international borders. Also, when you call us or communicate with us in any other way, we may provide you with support from one of our locations outside your country of origin. In these cases, your personal data is handled according to this Privacy Policy.

Compliance with legal, regulatory and law enforcement requests.
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (such as subpoena requests), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical.

To the extent we are legally permitted to do so, we will take reasonable steps to notify you in the event that we are required to provide your personal information to third parties as part of legal process.

Website Analysis

We use several web analytics tools provided by service partners such as Google Analytics, to collect information about how you interact with our website or mobile applications, including what pages you visit, what site you visited prior to visiting our website, how much time you spend on each page, what operating system and web browser you use and network and IP information. We use the information provided by these tools to improve our Services. These tools place persistent cookies in your browser to identify you as a unique user the next time you visit our website. Each cookie cannot be used by anyone other than the service provider (e.g. Google for Google Analytics). The information collected from the cookie may be transmitted to and stored by these service partners on servers in a country other than the country in which you reside. Though information collected does not include personal data such as name, address, billing information, etc., the information collected is used and shared by these service providers in accordance with their individual privacy policies. You can control the technologies we use. Please refer to the special section “Usage of cookies, scripts and counting pixels“ and „Using Google Analytics“.

Targeted advertising

Targeted ads or interest-based offers may be presented to you based on your activities on our webpages, and other websites, and based on the Services you currently own and/or use.
These offers will be displayed as varying product banners presented to you while browsing or working with our products/Services. We may also partner with third parties to manage our advertising on other websites. Our third party partners may use technologies such as cookies to gather information about such activities in order to provide you with advertising based upon your browsing activities and interests, and to measure advertising effectiveness.

Third-party websites

Our website and our mobile applications contain links to third-party websites. We are not responsible for the privacy practices or the content of third-party sites. Please read the privacy policy of any website you visit.

How you can access, update or delete your data

To easily access, view, update, delete or port your personal data (where available), or to update your subscription preferences, please sign into your Account for the appropriate Service and choose “Account Settings.” If you make a request to delete your personal data and that data is necessary for the products or services you use or have purchased, the request will be honored only to the extent it is no longer necessary for any Services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements.

If you are unable for any reason to access your Account Settings or our Privacy Center, you may also contact us by one of the methods described in the „Contact Us“ & rdquo; section below.

How we secure, store and retain your data

We follow generally accepted standards to store and protect the personal data we collect, both during transmission and once received and stored, including utilization of encryption where appropriate.

We retain personal data only for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods:

mandated by law, contract or similar obligations applicable to our business operations;
for preserving, resolving, defending or enforcing our legal/contractual rights; or
needed to maintain adequate and accurate business and financial records.

If you have any questions about the security or retention of your personal data, you can contact us using the contact form.

‘Do Not Track’ notifications

Some browsers allow you to automatically notify websites you visit not to track you using a “Do Not Track” signal. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track”, you may wish to visit www.allaboutdnt.com.

Age restrictions

Our free of charge Services are available for those over the age of 16 and charged Services are available for purchase only for those over the age of 18. Our charged Services are not targeted to, intended to be consumed by or designed to entice individuals under the age of 18. If you know of or have reason to believe anyone under the age of 18 has provided us with any personal data, please contact us.

Changes in our Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy and any other places we deem appropriate, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If we make material changes to this Privacy Policy, we will notify you here, by email, or by means of a notice on our home page, at least thirty (30) days prior to the implementation of the changes.

Data Protection Authority

If you are a resident of the European Economic Area (EEA) and believe we maintain your personal data subject to the General Data Protection Regulation (GDPR), you may direct questions or complaints to the supervisory authority.

If you have any questions, concerns or complaints about our Privacy Policy, our practices or our Services, you may contact us by using the contact form

We will respond to all requests, inquiries or concerns within the legal obligations, at the latest within thirty (30) days.

Name and address of the company responsible for processing
The company responsible within the meaning of the General Data Protection Regulation, other data protection laws in the Member States of the European Union and other provisions of a data protection character is:

VIVA Vertrieb GmbH

Züchner Str. 6-8

56070 Koblenz

Germany

Tel.: +49 261 8842-660

E-Mail: Please use the contact form on the Website

Website: www.viva.us

Legal Basis

Rights of the data subject

• Right of confirmationEach data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
• Right of accessEach data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
  • the existence of the right to lodge a complaint with a supervisory authority;
  • where the personal data are not collected from the data subject, any available information as to their source;
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

  Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

  If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

• Right to rectification Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
• Right to erasure (Right to be forgotten) Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
  • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
  • The personal data have been unlawfully processed.
  • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

  If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by VIVA, he or she may, at any time, contact any employee of the controller. An employee of VIVAshall promptly ensure that the erasure request is complied with immediately.

  Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the VIVA will arrange the necessary measures in individual cases.

• Right of restriction of processingEach data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
  • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
  • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
  • The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

  If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by VIVA, he or she may at any time contact any employee of the controller. The employee of the VIVAwill arrange the restriction of the processing.

• Right to data portabilityEach data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

  In order to assert the right to data portability, the data subject may at any time contact any employee of VIVA.

• Right to objectEach data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

  The VIVAshall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

  If the VIVAprocesses personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the VIVAto the processing for direct marketing purposes, the VIVAwill no longer process the personal data for these purposes.

  In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the VIVAfor scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

  In order to exercise the right to object, the data subject may contact any employee of VIVA. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

• Automated individual decision-making, including profilingEach data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the VIVAshall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

  If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the VIVA.

• Right to withdraw data protection consent Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of VIVA.

Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

Authorized interests in the processing that are being pursued by us or a third party

The processing of personal data is based on Article 6 I lit. f DS-GMO and is our legitimate interest in conducting our business for the benefit of all of our employees and our shareholders.

Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner).

Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded.

Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

Name and address of the controller

The company responsible within the meaning of the General Data Protection Regulation, other data protection laws in the Member States of the European Union and other provisions of a data protection character is:

VIVA Vertrieb GmbH

Zuechner Strasse 6-8

56070 Koblenz

Germany

Tel.: +49 261 8842-660

E-Mail: Please use the contact form on the Website

Website: www.viva.us

Cookies

Cookies

Our websites use cookies. Cookies are text files that are stored and stored on a computer system via an Internet browser. Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited websites and servers to distinguish the individual‘s browser from other internet browsers that contain other cookies. A particular web browser can be recognized and identified by the unique cookie ID.

Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your device and allow us or our affiliates to recognize your browser on your next visit (persistent cookies).

Through the use of cookies, we can provide users of this website with more user-friendly services that would not be possible without the use of cookies.
By means of a cookie the information and offers on our website can be optimized to the benefit of the user. Cookies allow us, as already mentioned, to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies need not reenter their credentials each time they visit the website, as this is done by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping basket in the online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart via a cookie.

You can prevent the usage of cookies through our website at any time by means of a corresponding setting of the Internet browser used and thus permanently reject the usage of cookies. Furthermore, cookies already set can be deleted at any time using an internet browser or other software programs. This is possible in all current internet browsers. If you deactivate the usage of cookies in the Internet browser used, not all functions of our website may be fully usable.

Scripts

Our web pages use scripts. Scripts are small programs on our web pages. We use scripts to optimize our web pages but also to track user behavior in order to improve our web pages and for market research. You can prevent scripts (for example JavaScript) from being executed by means of an appropriate setting of the Internet browser used and thus permanently contradict the application. If you deactivate the use of scripts in the Internet browser used, not all the functions of our website may be fully usable.

Counting pixels

Our websites use counting pixels. Counting pixels consist of a program code and a small image of just a few pixels. With this technology it is possible to check if an e-mail has been read and which links within the e-mail have been clicked. By means of these counting pixels the information, services and offers on our website can be optimized ito the benefit of the user.

Usage of Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, your IP address will be shortened by Google beforehand within member states of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. The IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by a corresponding setting of your browser software; however, please note that if you do this, you may not be able to use all the features of this website to the fullest extent possible. In addition, you may prevent the collection by Google of the data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading the browser plug-in available under the following link and install:http://tools.google.com/dlpage/gaoptout?hl=en

(Status: 1 January 2009)

Supplementary provisions for the Internet and Portals business areas can be found at www.viva.systems. They are also part of these General Terms and Conditions.

1. VIVA GmbH (hereinafter referred to as VIVA) shall provide all services described below exclusively on the basis of these terms and conditions. The terms and conditions shall also apply to future transactions with the customer, even if they are not expressly agreed again. VIVA does not recognise deviations from these terms and conditions unless their validity has been expressly agreed. These terms and conditions shall also apply if VIVA carries out the delivery to the customer without reservation in the knowledge of conflicting or deviating terms and conditions of the customer. Subsidiary agreements and deviating agreements shall only become legally effective upon written confirmation by VIVA. VIVA may transfer its rights and obligations under this contract to one or more third parties (transfer of contract).
VIVA is authorised to amend the content of these terms and conditions with the consent of the customer, provided that the amendment is reasonable for the customer, taking into account the interests of VIVA. Consent to the amendment to the contract shall be deemed to have been given if the customer does not object to the amendment within four weeks of receipt of the notification of amendment. If the customer does not agree to the changes, the terms and conditions to which he last agreed shall apply.

2. Offers are subject to change and non-binding, unless otherwise stated in the order confirmation. The contract shall only come into effect upon countersignature (e.g. by order confirmation) of the order by VIVA or with the first act of fulfilment. The offers and order confirmations are always subject to the timely and proper delivery by VIVA’s suppliers. In the event of non-availability, the customer shall be informed immediately. Any payments already made will then be refunded immediately.

3. Prices are ex works. Value added tax and other statutory charges in the country of delivery as well as packaging, shipping costs and environmental charges shall be charged to the customer in accordance with the applicable prices. VIVA reserves the right to increase the price appropriately if cost increases occur after conclusion of the contract – in particular due to price increases on the part of suppliers and exchange rate fluctuations. At the request of the customer, VIVA shall provide evidence of the changes. Payments are due immediately after invoicing without any deductions.

4. the delivery date shall be agreed in accordance with VIVA’s anticipated performance capacity and shall be non-binding and subject to timely delivery to VIVA (in the event of non-availability, the principles set out under 2 shall apply) and unforeseen circumstances and obstacles, irrespective of whether these occur at VIVA or at the manufacturer, in particular force majeure, government measures, failure to obtain official permits, industrial disputes of any kind, sabotage, shortage of raw materials, late deliveries of materials through no fault of VIVA, etc. Such events shall extend the delivery date accordingly, even if they occur during a delay that has already occurred. Should VIVA be more than four weeks late with a delivery, the purchaser may withdraw from the contract after setting a reasonable period of grace in writing, to the exclusion of any further claims. VIVA expressly reserves the right to make reasonable partial deliveries and to invoice them.

5. Unless otherwise stated in the order confirmation, delivery ex works is agreed. The risk shall pass to the customer upon handover to the carrier, its authorised representative or other persons. This shall also apply if VIVA bears the transport costs. Complaints due to transport damage must be made by the customer directly to the transport company within the special deadlines provided. The conclusion of transport or other insurance policies shall be at the discretion of the purchaser. This also applies to returns, see clause 9.

6. VIVA shall retain title to the delivered goods and services for as long as it is still entitled to claims from the current and future business relationships with the customer in the amount of the respective invoice totals. As long as VIVA still has claims from the current and future business relationships with the customer, it may reclaim the delivered goods/services and/or prohibit and/or block the use of the goods/services until all claims have been finally settled. The necessary expenses and damages shall be borne exclusively by the customer. The customer assigns his claim from the resale and the products supplied by VIVA in full. He assures us an irrevocable right of access to the goods as long as all claims have not been settled. If the purchaser has recorded data on data carriers supplied by us and still owned by us, our ownership shall remain unaffected. The goods may neither be pledged to third parties nor assigned as security before full payment has been made. As long as the purchaser duly fulfils his obligations to VIVA, he shall be entitled to collect these claims in his own name.

If the value of the security provided exceeds 20 per cent of VIVA’s claims, VIVA undertakes to release securities to this extent. VIVA shall be responsible for selecting the securities to be released. If the customer does not fulfil his acceptance obligations, VIVA shall be entitled to demand ten percent of this sum as compensation without proof, unless the customer can prove that the damage is lower. Higher damages for VIVA are also not excluded, provided that VIVA can prove higher damages. The customer shall be responsible for any necessary disposal of the delivered goods and packaging at VIVA’s expense.

If neither of the contracting parties demands a formal acceptance or if the acceptance date demanded by one of the parties does not materialise, the contractual service of VIVA shall be deemed to have been accepted at the latest upon use by the customer.

7. Invoices are payable net cash immediately after receipt of the goods or provision of the service. In the case of continuing obligations (e.g. rent, hosting, support, etc.), invoices are payable in advance at the beginning of the period (month or year). In case of doubt, the invoice date shall be deemed to be the delivery date or the date of service provision.

Payment shall only be made on time if the means of payment (e.g. cheque) is available to us for encashment within seven days of the invoice date. Cheques or bills of exchange are accepted subject to final crediting.

If a term of payment is granted, payment shall only be deemed to have been made on time if the means of payment (e.g. cheque or bill of exchange) is available to VIVA for encashment on the day the term expires or the agreed invoice amount is credited to our account by bank transfer.

The debtor is responsible for providing proof of timely receipt. The purchase price has been calculated on the basis of absolute compliance with the agreed payment deadline. If payment is not received on time, the parties agree that the purchase price will be increased by five per cent. We shall utilise bank credit. Unless we can prove higher damages caused by default, interest on arrears shall be charged at a rate of one per cent per month. If the purchaser defaults on payment, we shall be entitled to demand immediate payment of all outstanding claims, including those for which bills of exchange have been issued, and to make outstanding deliveries only against advance payment, with the payment term being cancelled. Insofar as VIVA does not demand the return of the goods, selections (loaned items) that are not received by us within the specified period shall be deemed to have been purchased on the day on which the period expires. The selection invoice shall become a fixed invoice after expiry of the deadline.

Agreements deviating from this are only valid if they are specifically noted for each individual delivery on the order confirmation and invoice.

The customer is not entitled to offset claims against VIVA or to assert rights of retention unless the customer’s claims against VIVA are undisputed or have been recognised by declaratory judgement.

8. The customer must inspect delivered goods/services immediately after delivery for any material defects, quantity deviations or incorrect delivery. The customer must notify us in writing of any defective delivery in whole or in part immediately after discovery, at the latest within one week of delivery. Any defects must also be documented in a meaningful way, in particular by logging any error messages. The customer is obliged to first analyse the problem and rectify the fault in accordance with the user manual before reporting the defect. The notification period for defects that were recognisable during the careful inspection required for the type of goods shall be no longer than one week. Other defects must be reported immediately after their discovery. If the customer is a merchant and fails to notify the defect immediately and in due time or form, the goods shall be deemed to have been approved in view of this defect. Any missing or ambiguous definitions/agreements, for example with regard to the object of performance, scheduling, execution or processing, shall not constitute a defect and shall be borne by the customer. Changes in this respect require the express and specific consent of VIVA in each individual case. Incorrect notifications of defects, which are based, for example, on a problem of understanding or a user error, shall be charged to the customer at the applicable hourly rate, but at least at the hourly rate of 130 euros/hour.

In the event of justified complaints, VIVA shall, at its discretion, deliver additional quantities, exchange the goods, take them back or grant the customer a price reduction. In principle, VIVA has the right to repair the delivered goods twice.

Claims for damages of any kind whatsoever shall be excluded in such cases. However, if VIVA is guilty of gross negligence, it is agreed that claims for damages can only be made up to the amount of the purchase price of a rejected part within a delivery of goods or services within a period of time.

We will charge the customer a processing fee of at least Euro 50 for returns after the warranty has expired. This also applies if the item is irreparable or was not purchased from us.

9 Returns will only be accepted subject to our inspection. In any case, the return shipment, including accidental loss, shall be at the risk of the customer. In the case of returns for which the customer is responsible, in particular – but not exclusively – in the case of refusal of acceptance, we shall charge a flat-rate restocking fee.

10. Unless expressly agreed otherwise, our individual customer demonstrations are free of charge. However, customer demonstrations are automatically subject to a charge if it transpires that the customer has no intention of using the goods or deliberately misleads VIVA about his true intentions or leaves VIVA in the dark. This is particularly the case if the customer is a direct or indirect competitor or a customer who acts quasi on behalf of or as a front man for a competitor. Unless VIVA proves higher damages, the customer must compensate the damages incurred at the full daily rate.

11. Should provisions of these General Terms and Conditions and/or the contract be or become invalid, this shall not affect the validity of the remaining provisions. Instead, each invalid provision shall be replaced by a provision that corresponds or at least comes close to the purpose of the agreement, as the parties would have agreed in order to achieve the same economic result if they had been aware of the invalidity of the provision. The same applies to incompleteness. The latest version of the Terms and Conditions of Sale shall apply.

12. Place of fulfilment for delivery and payment is Koblenz/Germany. The exclusive place of jurisdiction for all disputes arising from this contract shall be Koblenz if the customer is a merchant, a legal entity under public law, a special fund under public law or has no place of jurisdiction in Germany. VIVA is also entitled to sue the customer at his general place of jurisdiction. For the contracts concluded by VIVA on the basis of these General Terms and Conditions and for claims arising from them, regardless of their nature, the law of the Federal Republic of Germany shall apply exclusively, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).

What we do

VIVA develops software for graphic design as well as for optimizing and automating marketing and layout processes for corporations in all branches as well as the graphics industry.
With more than 200,000 users and customers, VIVA today is one of the leading suppliers of media services and software products.

What we are

Publishing, Design, Typography and color is (our) life. Therefore we see ourselves primarily as a software technology company and solution supplier in the service of our customers.

We are very proud that annually millions of publications (posters, books, catalogs, magazines, etc.) are produced with our technology and software products.

Our Mission

We develop the best programs world-wide for graphic design and automation of marketing and layout processes. Every day we improve our software to the advantage of our customers, who with their ideas and requests provide an important impulse for our development. We listen to our customers and understand their wishes.

Our strength

Because of our size, our innovative strength, our wide product portfolio and many years of experience, we can react very flexibly and individually to our customers’ requests and solve or carry out difficult tasks ourselves in very short time spans. We know of no other company in the world that can bring services in this form and extent based on their own software.

Our innovations

For more than 20 years, VIVA has been one of the pioneers of publishing software. Already in 1992, for example, VIVA invented the principle of the separation of form and function for layout programs. Today millions of people work according to this principle, which has been taken over by all current layout programs.

Through its inventions and developments, VIVA has contributed significantly to the advance in the graphics software industry:

1. Invention of “Database Publishing” based on the layout program “LinoPage” (1989-1991) and later “VivaPress” (1992-1994), “VivaPress Professional” (1994-2005) and “VivaDesigner” (from 2005). “Database Publishing” connects a data source to a layout program for manual or SEMI-automatic creation of graphic documents. “Database Publishing” is a registered trademark of VIVA GmbH.

2. Invention of “Network Publishing” and the first publishing server world-wide in the late 1990’s. “Network Publishing” is the further development of “Database Publishing” with which a user can create graphic documents FULLY automatically from any application. Today the term “Web-to-Print” is used extensively, which however presents just a fraction of the application in the sense of “Network Publishing”.

3. VIVA invented technologies and functions for its layout program, which until now in many cases have remained unsurpassed:

• • Separation of form and function (1992)
  • One document format for all languages, incl. Japanese and Chinese (1994)
  • One program for all operating systems incl. Linux (2004)
  • A complete typesetting and layout program for browsers that can be used without any installation (2011)
  • Oval/circular and polygonal text and picture objects (1989)
  • Style sheets for pictures and objects (1989)
  • Character-based style sheets (1992)
  • InRIP color separations (1996)
  • Cap Height calculation (1995)
  • Dependant objects (Alias objects) (1992)
  • Decryption of the QuarkXPress file formats (3.3 bis 5.0) (1994)
  • Limit editing functions with a password (1992, 2010)
  • Object-related baseline grid (2008)
  • and much more ….

4. VIVA was the first manufacturer

• • to develop a layout program for Mac OS X on Intel (Feb. 2006).
  • to offer publishing software for renting as well as purchase (2004).
  • to offer a free of charge version of a complete commercial layout program (2004).
  • to offer the free of charge Runtime versions for imaging studios, so as to be able to output customer documents with any service provider (1992).