Vivian Software Privacy and Data Use Policy 

Effective Date: September 1, 2024 

1. Introduction 

This Privacy and Data Use Policy describes how Jacobson Consulting Applications, Inc. (“we,” “us,” or “our”) collects, uses, and discloses Vivian Software Licensee (“you,” “your,” “yours”) information in connection with your use of our dynamic pricing software (“Software”). The Software utilizes artificial intelligence (“AI”) and machine learning (“ML”) to analyze data from multiple client databases to optimize pricing strategies. 

2. Information We Collect 

We collect two types of information through the Software: 

  • Client Data: This is data provided by you when you integrate the Software with your systems. Client Data may include information about your customers, such as: 
    • Purchase history (not including payment card information) 
    • Other relevant data points designated by you (subject to applicable laws and regulations) 
    • Performance / production information such as title, date, time, seating, and pricing information 
  • Software Usage Data: This is data automatically collected about your use of the Software, such as: 
    • Features accessed 
    • Usage patterns 
    • Aggregated anonymized data about pricing trends (not linked to individual customers) 

3. Information We Do Not Collect 

We do not collect or store any of your constituents’ Personally Identifiable Information (“PII”). This includes, without limitation, names, email addresses, phone numbers, or any other information that could be used to identify an individual. 

We do not collect or process any cardholder data as defined by the Payment Card Industry Security Standards Council (“PCI SSC”). This includes, without limitation, the full primary account number, cardholder name, expiration date, service code, and security code. 

4. Use of Information 

We use the information we collect for the following purposes: 

  • To provide and improve the Software: We use Client Data and Software Usage Data to operate, maintain, and improve the Software, including its AI and ML algorithms. 
  • To generate pricing recommendations: We use Client Data to analyze market trends and customer behavior to provide you with dynamic pricing recommendations and/or set prices, based upon your Software configuration. 
  • To analyze industry trends: We use anonymized client data to analyze industry trends to better serve our clients and the wider industry. 
  • To comply with legal obligations: We may use your information to comply with applicable laws and regulations. 

5. Ethical AI Development and Use 

We are committed to the ethical development and use of AI in the Software. This includes: 

  • Bias Detection and Mitigation: We take steps to identify and mitigate potential biases in the data used to train the AI algorithms. 
  • Transparency and Explainability: We strive to provide transparency into how the AI algorithms arrive at pricing recommendations. 
  • Human Oversight: We maintain human oversight over the AI decision-making process to ensure fairness and ethical considerations. 

6. Data Anonymization and Security 

We take steps to anonymize Client Data before it is used for AI training and analysis. We also implement appropriate security measures to protect your information from unauthorized access, disclosure, alteration, or destruction. However, no internet transmission or electronic storage is ever completely secure. 

7. Sharing of Information 

We will not share your information with any third party except in the following limited circumstances: 

  • Service Providers: We may share your information with third-party service providers who help us operate the Software. These service providers are contractually obligated to keep your information confidential. 
  • Legal Requirements: We may disclose your information if required by law, subpoena, or court order. 

8. Your Organization’s Responsibilities 

It is your organization’s responsibility to ensure that you have the necessary legal rights to collect and share customer data with the Software. You should also have a privacy policy in place to inform your customers about how their data is collected and used through your integration with the Software. We recommend that you consult with legal counsel to ensure your compliance with all applicable laws and regulations.  

9. International Transfers 

Your information may be transferred to and processed in countries other than your own. These countries may have different data protection laws than your own. By using the Software, you consent to the transfer of your information to these countries. We comply with the EU-U.S. Data Privacy Framework program (“EU-U.S. DPF”) and the UK Extension to the EU-U.S. DPF as set forth by the U.S. Department of Commerce. JCA has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework program Principles (“EU-U.S. DPF Principles”) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/. 

10. Changes to this Privacy and Data Use Policy 

We may update this Privacy and Data Use Policy from time to time. We will notify you of any changes by posting the new Privacy and Data Use Policy on our website. 

11. Contact Us 

If you have any questions about this Privacy and Data Use Policy, please contact us at privacy@jcainc.com.