This Privacy Policy explains how Viva Proof, Inc. (“Viva,” “we,” “us”) collects, uses, and protects personal data when you use the Viva oral-assessment platform at vivaproof.com — including if you're a student, a parent or guardian, an instructor, an institution administrator, or a website visitor.

1. Who We Are

Viva Proof, Inc. is a Delaware-incorporated company that operates the Viva AI oral-assessment platform, serving educational institutions globally.

Contact us: privacy@vivaproof.com
Boston, MA, USA
UK/EU Representative: to be appointed (for enquiries, contact privacy@vivaproof.com)

2. For Students and Families

This section covers everything a student or parent needs to know. If you want the full legal detail behind any of it, the rest of this Policy has it — this section is a complete, accurate summary in its own right, not a simplified teaser.

What is Viva? Viva is an oral-assessment platform. When you submit your work, you have a short spoken conversation with an AI about it, to check that you understand what you submitted. Your instructor always reviews the result before any grade is given — the AI never makes the final grading decision, your instructor does.

What we collect from you:

• Your name and institution email address, to create your account
• Your submitted work (the assignment or essay you upload)
• A recording of your voice during the oral interview
• A transcript of the interview
• Your AI-suggested score and your instructor's final grade
• The date and time of your interview
• Voice ID (voiceprint): optional. If your school uses it, you'll be asked on its own screen before your first interview whether you want to set it up, and nothing is captured unless you agree. It's a short voice sample used to confirm it's you taking the interview. It's never used for grading, only to flag possible impersonation to your instructor. It's never offered in Grade 6–8 classes, or to anyone who tells us they're under 14. (Illinois: only for university students 18 or older, who first sign Illinois's written biometric release; for students under 18, including all K-12 students, it isn't offered unless the school has signed our Illinois agreement and a parent has signed a written release. See §11.)
• Camera Check (video integrity): used only if your school turns it on. During your interview, your camera checks whether a face is present and whether you're looking at the screen. It does not recognize your face and does not identify you. Your school decides whether to use it and tells you before your first interview; in the US, you'll also be asked for your own consent on its own screen. In Illinois, whose law treats a scan of face geometry as biometric, it's used only for students 18 or older who first sign Illinois's written release. If your camera is off or unavailable, your interview still goes ahead.

You can say no to Voice ID, and you can turn it off at any time in Settings. Saying no is a right, not a problem: your interview works exactly the same without it, you won't be marked down or treated as suspicious, and your grade isn't affected. If you turn Voice ID off, your voiceprint is deleted within 30 days. If you'd rather not use Camera Check, ask your school, which can turn it off for you (in the US, you can decline or withdraw consent yourself). Any saved Camera Check signals or images are deleted on the same schedule as your interview, or sooner if your school asks.

More about Camera Check, exactly what happens and what doesn't:

• Checking happens on your own device — your live video is analyzed inside your own browser, never sent to Viva, never stored by Viva.
• Viva does not recognize your face. Camera Check does not build a “faceprint” or any face-based ID. Identity checking, for students who choose to set it up, is done by Voice ID, not the camera.
• What Viva keeps: a set of numbers (like how much of the time a face was visible, how much of the time you were looking at the screen) and a small number of snapshots from flagged moments, for your instructor to review.
• What it's for: pointing out to your instructor that something might be worth a closer look. Your instructor decides what it means — Camera Check never decides anything about you on its own.
• What it's never used for: guessing your feelings or mood, grading, identifying you from your face, or being sold to anyone. Guessing emotions from students this way is not allowed under EU law, and Viva does not do it.
• How long it's kept: on the same schedule as the rest of your interview record, or sooner if your school asks.

How this information is used:

• To conduct your oral assessment
• To give your instructor a suggested grade and feedback to review
• To let your instructor listen back to your interview if needed
• To give you feedback on your performance

Never used to: target you with advertising, or get shared with third parties for commercial purposes. If you're in Grade 9 or above, data with your name and other identifiers removed may be used to improve Viva's AI, where your school's agreement allows it. In the US this is on by default; elsewhere, including Korea, it happens only when your school agrees in writing. You can opt out at any time in Settings or by writing to privacy@vivaproof.com, and opting out never affects your grades. It never includes voice recordings, Voice ID, Camera Check data, anyone in a Grade 6–8 class, or anyone we know to be under 14. Details are in §5.

Where your information is processed: Viva is a US company, and this information is processed in the United States, along with a small number of specialist technology providers who help run the platform — see §6 for the full list. If your institution is outside the US, this means your information is transferred overseas, which your country's data protection law may regulate; your institution's agreement with Viva includes the transfer documentation appropriate to your country (for example, a Korea PIPA addendum, or EU/UK Standard Contractual Clauses). For students in Korea, the details Korean law requires are in §7A.

How long your data is kept:

• Voice recording of your interview: deleted 90 days after your grade is released, or 180 days after the interview if a grade is never released. The countdown pauses while an integrity flag, a grade review or a retry your instructor allowed is open on that interview, or while your school has placed a documented, time-limited hold on your class.
• Interview transcript and grades: kept for your institution's contract term with Viva, plus up to one year
• Voice ID / voiceprint (if you set it up): deleted within 30 days after you turn it off or stop being eligible, within 90 days after your account closes or your school's contract ends, after 3 years unused, or sooner if your school asks.
• Camera Check information (if enabled): same schedule as your interview record, or sooner on request or withdrawal

You can also ask for your recording to be deleted earlier. Ask your school, or write to privacy@vivaproof.com and we'll pass your request to your school within 2 business days. Your school decides, because it is in charge of your records.

Who can see your data: your instructor(s) and authorized institution administrators — your submitted work, AI-suggested grade, transcript, and the full audio recording for as long as we hold it (see the schedule above). Instructors can listen within the platform; they may not download or share recordings externally, or use them for anything other than assessment review. Viva's own staff access data only when strictly necessary to operate the service. If you've set Voice ID up, your Voice ID data goes to two technology partners acting only for Viva: Render, which computes your voiceprint and keeps nothing afterward, and Supabase, which stores it encrypted in Viva's database. Camera Check runs in your browser, so your video is never sent to any technology partner; the few still images it keeps from flagged moments are visible only to your instructor inside Viva. Viva does not sell your data, and does not share it with any other third party.

Your rights: access, correction, deletion (subject to your institution's record-keeping requirements), and access to your own interview recording for as long as we hold it. To exercise these, contact your institution's data protection contact, who will liaise with Viva, or write to privacy@vivaproof.com and we'll pass your request to your school. You may also complain to your country's data protection authority (for example, the PIPC in Korea, the ICO in the UK, or the FTC in the US).

For parents and guardians: your child's school decides how Viva is used, and what consent, if any, your country's law requires for your child's age. You can ask the school to review, correct or delete your child's data, to turn off Voice ID or Camera Check for your child, or to opt your child out of AI training. In Korea, Voice ID is never offered to students under 14. If your child is under 18 and your institution is in England or Wales: before any Voice ID sample is taken, and before Camera Check is switched on where the law treats that data as biometric, your institution must write to every parent or guardian, and at least one of you must agree in writing. Even then, your child can still say no, and the institution must respect that and assess them another way.

Your institution is the data controller for your personal data. Viva Proof, Inc. is the data processor, acting only on your institution's instructions.

3. Our Role: Controller vs. Processor

Viva acts as a data processor for student data. The institution or university is the data controller for all student-related personal data. Viva processes student data only on the institution's instructions, under a Data Processing Agreement.

Viva acts as a data controller for its own business data (instructor/administrator accounts, billing, website analytics).

4. Data We Collect and Why

A. Student Data (Viva as Processor, on behalf of your institution)

B. Instructor / Administrator Data (Viva as Controller)

C. Website Visitor Data (Viva as Controller)

D. Billing Data (Viva as Controller)

Viva does not store payment card data. Card processing is handled by Stripe.

5. How We Use Your Data

We use personal data to: provide and operate the Viva platform; generate personalised interview questions and AI-suggested grades; support instructor review, feedback, and classroom management; detect and flag potential academic integrity issues (advisory only — an instructor always reviews); maintain platform security; send transactional service emails; improve the platform (with de-identified data only, as described below); and comply with legal obligations.

We do not use personal data for advertising or sell it to third parties. Where the rules below allow, we use data with students' names and other identifiers removed to improve Viva, including training our own AI models, and for educational research:

• United States (universities and Grade 9–12): on by default for interviews completed on or after September 20, 2026. We remove names, emails and other identifiers, including names that appear inside transcripts and submissions, and keep no way to link the data back to a student. A school can opt out for all its students in its agreement with us.
• Korea: for Grade 9–12 classes, where the school authorizes it in its agreement with us. We use pseudonymized data under PIPA Articles 28-2 to 28-7: identifiers are removed, including inside free text; the information that could re-identify a student is kept separately and is not available to anyone who uses the data; we never attempt to re-identify anyone, and if any data turns out to identify a student we stop using it and delete it. We keep it no longer than 3 years after the school's contract ends, and delete the information that could re-identify a student when their account details are deleted. AI models already trained are not affected.
• Everywhere else, including the EU and the UK: only with the school's written authorization.
• Never: voice recordings, Voice ID or Camera Check data, or data from Grade 6–8 classes or any student we know to be under 14.
• Opting out: any student can opt out at any time, in Settings or by writing to privacy@vivaproof.com. We act on it without waiting for the school. Opting out does not affect your grades or your use of Viva; from then on your data is not used for training.

We do not infer emotions from biometric data in an educational setting — prohibited under Article 5(1)(f) of the EU AI Act.

6. Who We Share Data With

Your institution. Instructors and authorized administrators can see student data, including the audio recording of a student's oral interview (accessible within the platform until it is deleted under the retention schedule in §4, for assessment purposes only).

Subprocessors. Subprocessors are primarily based in the United States; Supabase and PostHog each offer EU/UK data residency options. Each is bound by a written data processing agreement.

Slack. Used for internal operational alerting only (system health, usage metrics, de-identified feedback summaries). No Student Data reaches Slack, so it is not a subprocessor of personal data.

The Camera Check feature performs face and gaze analysis locally in the student's browser; live video is never transmitted to Viva or any subprocessor. Voice ID / voiceprint data goes to two subprocessors only: Render, which computes the voiceprint and keeps nothing afterward, and Supabase, which stores it encrypted in Viva's database.

Legal authorities. We may disclose data if required by law, court order, or regulatory authority.

We do not sell or commercially exploit personal data.

7. International Transfers

Viva is based in the United States. For institutions in the EEA and UK, transfers are protected by EU Standard Contractual Clauses (SCCs) and the UK International Data Transfer Addendum (IDTA), with supplementary measures (encryption, access controls, data minimization). For institutions in jurisdictions with specific cross-border transfer requirements — including the Republic of Korea under PIPA Article 28-8, the EEA under GDPR Article 46, and others — Viva works with the institution to put appropriate transfer mechanisms in place, including jurisdiction-specific DPA addenda alongside the Master Service Agreement. Contact privacy@vivaproof.com for the transfer documentation applicable to your jurisdiction, or to request in-region data residency where available. For students in Korea, the overseas-transfer details required by PIPA are set out in §7A.

7A. Korea: Overseas Transfer of Personal Information

When a school in Korea uses Viva, it entrusts its students' personal information to Viva, which stores and processes it in the United States. Under PIPA Article 28-8(1)(3), we set out the details here so that schools can disclose or refer to them in their own privacy policies.

8. Your Rights

Depending on where you live, you may have the right to: access, rectification, erasure, restriction, portability, objection, and rights regarding automated decisions (Viva does not make automated adverse decisions — an instructor always reviews AI-suggested grades and every Voice ID / Camera Check flag).

Students: contact your institution first — they are the data controller. Parents/guardians: if your child is below the age requiring additional consent (see §9), contact your child's institution. If you write to us directly at privacy@vivaproof.com, we'll pass your request to your school within 2 business days and help it respond. You may also complain to your local data protection authority (EEA: your national DPA; UK: ICO; US: FTC; Korea: PIPC).

9. Children's Privacy

Viva is used by students in Grades 6–12 and in higher education. Students under 14 use Viva only through a school that has an agreement with Viva. The school decides the legal basis for its students' use of Viva and handles any consent its law requires.

• Under 13 (US COPPA): the school authorizes Viva, as its service provider, to collect and use students' information only for the school's educational purpose. Viva never uses it for advertising, profiling, AI training or any other commercial purpose, and deletes it at the school's request.
• Under 14 (Korea PIPA): the school decides the legal basis. Where it relies on consent, it obtains a legal guardian's consent under Article 22-2. Voice ID is never offered to students under 14. Camera Check does not identify students and is used under the school's legal basis.
• UK and EU: the school applies its country's age rules (13 in the UK; 13 to 16 in EU member states).
• Under 18 — biometric features (UK institutions and colleges): Where an institution or college in England or Wales enables Voice ID or Camera Check, the Protection of Freedoms Act 2012 requires it to notify every parent and obtain the written consent of at least one before biometric data is processed for a student under 18. A student may refuse regardless of parental consent, and the institution must provide a reasonable alternative without detriment.
• Under 18, biometric features (Illinois): Voice ID is not offered to students under 18 in Illinois, including all K-12 students, until the school has signed a BIPA Rider with Viva and arranged a parent's written release (Illinois School Code, 105 ILCS 5/10-20.40, and BIPA). Camera Check is not used for them.
• Grade 6–8 classes, everywhere: never offered Voice ID and never included in AI training. The same applies to any student we know to be under 14.

If you believe a child's data has been collected in error, contact privacy@vivaproof.com immediately.

10. Security

TLS 1.2+ in transit, AES-256 at rest; per-institution tenant isolation via row-level database security; least-privilege access controls and audit logging; automated vulnerability scanning; breach notification to affected institutions within 72 hours of becoming aware. Report security issues to privacy@vivaproof.com.

11. Biometric Data — Voice ID (Voiceprint)

Voice ID is on by default in eligible classes (Grade 9–12 and higher education) unless the school turns it off. It is never offered in Grade 6–8 classes, or to anyone under 14 in Korea. Where a student opts in, Viva creates a voiceprint — a mathematical template derived from a short voice sample. A voiceprint is treated as biometric data wherever it is collected: a biometric identifier under the Illinois Biometric Information Privacy Act (BIPA) and the Texas CUBI Act; biometric data under UK/EU GDPR Article 9; and sensitive information under Korea PIPA Article 23.

Purpose. Used solely to verify the student taking an assessment is the student who submitted the work, and to flag possible impersonation to the instructor. Never used for grading or any other purpose.

Consent. Voice ID requires the student's own separate, explicit consent, given on a standalone screen before their first interview, never at sign-up, never pre-ticked and never bundled with any other agreement. The screen states the purpose, what is collected, how long it is kept, that the student may refuse, and that refusing does not affect their grades or their use of Viva. The consent covers Viva's collection and storage of the voiceprint and its disclosure to Render, which computes it, and Supabase, which stores it. Only the student can turn Voice ID on; the student, their instructor or school, or Viva at the school's request can turn it off. Where local law requires a parent's consent for the student's age (see §9), the school arranges it before Voice ID is offered.

Institutional authorization. Because Viva processes student data on each school's instructions, Voice ID is offered only under the school's agreement with Viva. It is on by default for eligible classes, and a school (or, on an individual instructor plan, the instructor) can turn it off for everyone, for a class or for one student at any time.

Illinois. For students in Illinois, Viva follows the Illinois Biometric Information Privacy Act (BIPA). Before collecting a voiceprint, Viva tells the student in writing that a voiceprint will be collected and stored, why, how long it will be kept and that it is shared only with Render (which computes it) and Supabase (which stores it), and the student signs a written release on the Voice ID screen or on a release form Viva provides (an electronic signature, as BIPA allows). Students in higher education who are 18 or older sign for themselves; no agreement with their university is needed. Students under 18, including all K-12 students, are not offered Voice ID until their school has signed a BIPA Rider with Viva and arranged a parent's or guardian's written release. Viva never sells, leases, trades or otherwise profits from voiceprints, and this retention and destruction schedule is Viva's public BIPA policy.

Retention and destruction. Viva permanently deletes a student's voice sample, voiceprint and the voice-match results stored with their interviews: (a) within 30 days after the student turns Voice ID off, withdraws consent or stops being eligible; (b) within 90 days after the account is closed; (c) within 90 days after the school's contract ends; (d) within 30 days of the school's request; and in any case (e) within 3 years after the student's last use of Viva, whichever comes first. Deletion is permanent and covers primary storage and all backups. Written confirmation is provided on request.

Disclosure and profit. Viva does not sell, lease, trade, or profit from biometric identifiers, and discloses voiceprint data only to Render and Supabase acting on its behalf (with consent), where required by law, or under valid legal process.

12. Camera Check (Video-Integrity Signals)

Where an institution enables Camera Check, the platform uses the student's device camera during an interview to derive attention and presence signals.

How it works, and what it is not. Face and gaze analysis is performed locally in the student's browser. Live video is not transmitted to or stored by Viva. The feature does not create a facial-recognition template and does not identify a student from their face.

What Viva retains. Derived numeric signals (share of frames with a face present, share of gaze samples on-screen, focus-loss counts) and a limited number of still images from flagged moments, for the reviewing instructor.

Purpose and limits. Used solely to surface possible integrity concerns to the instructor. Never used for identification, emotion inference, automated adverse decisions, or sale. Inferring emotions from biometric data in education is prohibited under Article 5(1)(f) of the EU AI Act; Viva does not do it.

Legal basis, retention, storage. Camera Check is used only where the school turns it on, as part of how the school assesses its students under the school's own legal basis. Because it does not identify students, it is not biometric or sensitive data under Korean, EU or UK law, so students are told about it before their first interview rather than asked to consent. In the United States, where some state laws treat face analysis more broadly, each student is also asked for their own separate consent on a standalone screen first. In Illinois, whose law lists a scan of face geometry as a biometric identifier, Camera Check is used only for students 18 or older who first sign Illinois's written release, and never for students under 18. If a student's camera is off or unavailable, the interview goes ahead without it. Camera Check data is encrypted in transit and at rest, never used for AI training, and deleted on the same schedule as the associated interview record, or earlier on the school's request.

13. Cookies

See our Cookie Policy. For EEA/UK visitors, non-essential cookies are placed only with consent via the cookie banner.

14. Changes to This Policy

We may update this policy from time to time. Material changes are posted on this page with a new “Last updated” date. A change that expands how we use data applies only to data collected after it takes effect, and an institution with a signed agreement receives at least 30 days’ notice before such a change applies to its students.

15. Contact Us

privacy@vivaproof.com
Viva Proof, Inc., Boston, MA, USA
vivaproof.com

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