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 — Plain-Language Guide
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): offered to every student during onboarding — not something your institution turns on or off for you. It's a short voice sample used to confirm it's you taking the interview. Never used for grading — only to flag possible impersonation to your instructor. Setting it up is still entirely your own choice, given on its own screen, separate from anything else. (Illinois: this isn't offered until your institution has signed a specific written agreement required by Illinois law — see §11.)
- Camera Check (video-integrity): optional, and only if your institution turns it on. If enabled, your camera checks whether a face is present and whether you're looking at the screen during the interview. It does not recognize your face and does not identify you — that's never what it's for. Set up with your own separate consent, given on its own screen, not bundled with anything else.
You can say no to either one. Saying no is a right, not a problem. You can decline, and change your mind and withdraw consent at any time afterward. If you say no, your institution assesses you a different way — usually a live conversation with your instructor instead. You will not be marked down, penalized, or treated as suspicious for declining, and it will not affect your grade. If you withdraw consent to Voice ID, your voiceprint is destroyed within 30 days. If you withdraw consent to Camera Check, it's switched off for you and any saved signals or images are deleted.
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 you or your institution ask.
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, train AI systems beyond what your institution has explicitly permitted, or get shared with third parties for commercial purposes.
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).
How long your data is kept:
- Voice recording of your interview: deleted within 90 days of your grade being released — sooner if you ask, once grading is done and there's no open review or integrity investigation on that interview; if your institution has placed a documented, time-limited retention hold on your class (for example written research consent or an open grade dispute), the recording is kept until that hold ends and then deleted
- Interview transcript and grades: kept for your institution's contract term with Viva, plus up to one year
- Voice ID / voiceprint (if enabled): deleted on the first of — purpose satisfied, 90 days after account closure, or 3 years after your last use of Viva
- Camera Check information (if enabled): same schedule as your interview record, or sooner on request or withdrawal
You can also ask us to delete your recording earlier. Any time after your grade is released, you can request early deletion, and we'll act on it right away — unless that interview is part of an open grade review or academic integrity investigation, in which case we keep it until that's resolved, then delete it.
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. Your Voice ID data is shared with exactly one technology partner (Render), who performs the identity check on Viva's behalf — and only if you've consented. Camera Check runs entirely in your browser, so your video is never sent to any technology partner. 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 contact us directly at privacy@vivaproof.com. 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: additional guardian consent may be required below a certain age under your country's law (for example, under 14 in Korea, under 13 in the US and UK). Regardless of age, you may review your child's data, request correction or deletion, and refuse or withdraw consent for Voice ID or Camera Check on their behalf. 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)
| Type of Data | Purpose | Legal Basis | Retention |
|---|---|---|---|
| Name, institution email, class details | Account creation; assessments | Institution instruction | Per institution contract |
| Submitted work (assignments, essays) | Generating interview questions; grading | Institution instruction | Per institution contract |
| Voice recording (oral interview) | Transcription; instructor review; identity check | Institution instruction; explicit consent for biometric use | Deleted within 90 days of grade release; the countdown pauses while the interview is under active review or while a documented, time-limited retention hold placed by the institution on the class is active |
| Interview transcript | AI grading; instructor review; student feedback | Institution instruction | Contract term + 1 year |
| AI-suggested grade and instructor grade | Academic record; feedback | Institution instruction | Contract term + 1 year |
| Session metadata (timestamps, duration) | Operational monitoring | Institution instruction | Contract term + 1 year |
| Voice ID / voiceprint (optional, separate consent required) | Identity verification only | Explicit, standalone consent, collected at the point of capture | Earlier of: purpose satisfied; 90 days after account closure or contract end; or 3 years after last interaction |
| Camera Check signals and flagged still images (optional, separate consent required) | Deriving attention/presence signals to flag possible integrity concerns to the instructor. Not used for identification or grading. | Explicit, standalone consent, to the extent the signals or images constitute biometric/sensitive data | Same schedule as the associated interview record; or earlier on the institution's request |
B. Instructor / Administrator Data (Viva as Controller)
| Type of Data | Purpose | Retention |
|---|---|---|
| Name, email, role, login credentials | Account management; service delivery | Account lifetime; deleted within 90 days of account closure |
C. Website Visitor Data (Viva as Controller)
| Type of Data | Purpose | Retention |
|---|---|---|
| IP address, browser type, pages visited | Website security; analytics | Per analytics provider settings (see Cookie Policy) |
D. Billing Data (Viva as Controller)
| Type of Data | Purpose | Retention |
|---|---|---|
| Institution billing contact; usage metrics | Invoicing; account management | Per applicable tax/accounting requirements |
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 (only with explicit permission from your institution); and comply with legal obligations.
We do not use personal data for advertising, sell data to third parties, or train AI models without an explicit grant from your institution. 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 authorised 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.
| Provider | Role | Location | SOC 2 |
|---|---|---|---|
| Anthropic (Claude) | AI interviewing, question generation, grading (inputs/outputs deleted within 30 days; not used for model training) | US | Type II ✓ |
| AWS | Secondary AI evaluation and QA cross-checks (tie-breaker model) | US | Type II ✓ |
| Cartesia | Korean voice synthesis for live interviews | US | Type II ✓ |
| Daily.co | Real-time audio transport (WebRTC) | US | Type II ✓ |
| Deepgram | Speech-to-text and English voice synthesis | US | Type II ✓ |
| Fal.ai | AI image generation for anti-cheat visual questions | US | Type II ✓ |
| Secondary AI evaluation; anti-cheat image generation | US | Type II ✓ | |
| Microsoft | Office document viewer (legacy format fallback) | US | Type II ✓ |
| Modal Labs | Hosting for the speech models Viva runs itself in live interviews (English voice synthesis, speech-to-text); audio is processed in transit and not stored | US | Type II ✓ |
| OpenAI | Secondary AI evaluation and QA cross-checks | US | Type II ✓ |
| PostHog | Product analytics (consent-gated) | US / EU | Type II ✓ |
| Render | Speaker-verification (Voice ID), document text extraction, OCR | US | Type II ✓ |
| Resend | Transactional email | US | Type II ✓ |
| Sentry | Error monitoring (PII scrubbed before write) | US | Type II ✓ |
| Stripe | Billing (no card data stored by Viva) | US | Type II ✓ |
| Supabase | Database, authentication, file storage | US / EU-UK available | Type II ✓ |
| Vercel | Application hosting | US | Type II ✓ |
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. Render is the only subprocessor that receives Voice ID / voiceprint data.
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 minimisation). 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.
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. To exercise rights directly: privacy@vivaproof.com. You may also complain to your local data protection authority (EEA: your national DPA; UK: ICO; US: FTC; Korea: PIPC).
9. Children's Privacy
The platform is designed for students aged 14 and older. Institutions are responsible for obtaining any additional consent required under applicable law for younger students:
- Under 13 (US COPPA / UK GDPR): Institution obtains verifiable parental consent before enrolling students under 13.
- Under 14 (Korea PIPA): Institution obtains legal guardian consent before processing data for students under 14, including the separate biometric consent required before Voice ID or Camera Check is enabled.
- Under 16 (some EU member states): Institution-specific consent rules may apply.
- 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 K-12 institutions): Illinois School Code, 105 ILCS 5/10-20.40, requires written permission from whoever has legal custody of a student before biometric information — including voice — is collected from a K-12 student under 18. A student who has reached 18 may consent directly.
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)
Viva offers every student the option to set up Voice ID during onboarding, independent of any institution-level setting — 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 processing requires its own separate, explicit consent, collected on a standalone screen at the point the voice sample is captured — not bundled with account creation or any other agreement. That consent covers both Viva's collection/storage of the voiceprint and its disclosure to Render, which performs the speaker-verification computation on Viva's behalf. Where the student is a minor, guardian consent is required per §9. Consent may be withdrawn at any time, and a student may decline without penalty; the institution then assesses them another way.
Institutional authorization. Because Viva acts as data processor on each institution's instructions, offering Voice ID directly to students is authorized at the institution level through the Master Service Agreement, which every institution using Viva accepts; this stands in place of a per-institution product toggle. Individual student consent is required in addition to this before any voiceprint is created.
Illinois. Illinois is the one exception to platform-wide availability: Voice ID is not offered to students at an Illinois institution until that institution has separately signed a BIPA Rider to the Master Service Agreement, after a written release satisfying 740 ILCS 14/15(b). Institutions should also note the K-12-specific guardian consent requirement in §9.
Retention and destruction. Viva permanently destroys voiceprint data on the first to occur of: (a) satisfaction of the purpose for which it was collected; (b) 90 days after account closure or contract termination; or (c) three years after the student's last interaction with Viva. Destruction is permanent and irreversible across primary storage and all backups. Written confirmation provided on request.
Disclosure and profit. Viva does not sell, lease, trade, or profit from biometric identifiers, and discloses voiceprint data only to Render (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.
Consent, retention, storage. Where the signals or images constitute biometric or sensitive data under applicable law, processing requires its own separate, explicit consent, collected on a standalone screen — not bundled with account creation or any other agreement — before the feature is enabled (guardian consent per §9 for minors, where applicable). Consent may be withdrawn; a student may decline without penalty. Encrypted in transit and at rest; deleted on the same schedule as the associated interview record, or earlier on request or withdrawal.
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 will notify institutions of material changes by email at least 30 days before they take effect, and update the “Last updated” date above.
15. Contact Us
privacy@vivaproof.com
Viva Proof, Inc., Boston, MA, USA
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