The Company hereby disclaims all warranties. The Company is making the Site available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from the use of, or inability to use, the Site. To the maximum extent permitted by law, Company expressly disclaims any and all warranties, express or implied, regarding the Site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company does not warrant that the Site will meet your requirements or that the operation of the Site will be uninterrupted or error-free.
The Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall the Company be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or any other materials provided to you by the Company. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
The Company has no control over, and no liability for any third party websites or materials. The Company may work with a number of partners and affiliates whose websites may be linked with the Site. Because neither the Company nor the Site has control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, the terms of this Agreement shall govern your use of any and all third party content.
The Company imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
The terms of this Agreement shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California, USA in all disputes arising out of or related to the use of the Site.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.
California Use Only
The Site is controlled and operated by the Company from its offices in the State of California. The Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as the Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
The Company may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) modify the Site; and (c) discontinue the Site at any time. The Company shall post any revision to this Agreement to the Site, and the revision shall be effective immediately on such posting. You agree to review the terms of this Agreement and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND BY THEM.
Last modified: April 14, 2021
1 Collected and Processed Data Categories
1.1 Information You Provide to Us directly
We collect and process information you provide directly to us. For example, we collect information when you create an account, participate in any interactive features of the Services, fill out a form, purchase a license to the Software, request customer support or otherwise communicate with us. The types of information we may collect include your name, email address, company or employer information, financial information in connection with purchasing a Software license, job title, phone number and any other information you choose to provide.
1.2 Information About Your Use of the Services
1.2.1 Usage Information
We collect and process information about your use of the Software, such as:
Licensee Data: Information and data collected and stored by us of or in connection with your content, data, and other information related to the access to, installation of, and use of the Software to provide you and our users with the Software and its functionality; and
Telemetry Data: Diagnostic information, metadata, usage data or other telemetry data about your access to, installation of and use of the Software, except for any data that is related to your content (e.g., a log-in time stamp or clicks on Software functionality, etc.). When you log on to the Services, a Unique ID will be created randomly. The Unique ID is a randomly created hash code assigned to a session at the time of your log-in that is not associated with you as an End User by name, e-mail address, company name, location, or other direct identifiers).
1.2.2 Other Automatically Collected Information
When you access or use our Services, we automatically collect and process further information about you, including:
1.2.3 Log Information: We collect and process log information about your use of the Services, including the type of browser you use, Software version, access times, pages viewed, your IP address, and your MAC address.
1.2.4 Device Information: We collect and process information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and your MAC address.
1.2.5 Information Collected by Cookies and Other Tracking Technologies: We use different technologies to collect and process information, including cookies. For more information about Cookies and how to configure your cookie choices them, please see section 4 below.
2 Use of Information and Processing Purposes
We use the information we collect to provide, maintain, and improve our Services, such as to register, administer, and secure your account and make the Services available to you. We may also use the information we collect to:
Send you technical notices, updates, security alerts and support and administrative messages and to respond to your comments, questions and customer service requests;
Communicate with you about releases, products, services, and offers;
Monitor and analyze trends, usage and activities in connection with our Services;
Detect, investigate, and prevent fraud and other illegal activities and protect the rights and property of Virtualitics and others;
Personalize the Services
Improve the Services;
Comply with our legal obligations;
Enforce, or otherwise use in connection with, any terms governing use of our Services; and carry out any other purpose described to you at the time the information was collected.
3 Sharing of Information
We will not share data except in the following circumstances:
With other users of our Software at your direction or with your consent;
With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements;
If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of Virtualitics or others;
In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
Between and among Virtualitics and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership; and
With your consent or at your direction.
We may also share aggregated or de-identified information, which cannot be used to identify you.
4 Cookies and similar technologies
We use the following categories of Cookies in our Services:
4.1 Strictly necessary Cookies
These Cookies are essential in order to enable you to move around the website and use its functionalities.
4.2 Functionality Cookies
These Cookies remember choices you make such as the country you visit the website from. This data can then be used to provide you with an experience more appropriate to your selections and to make the visits more tailored and pleasant.
4.3 Performance Cookies
These Cookies collect pseudonymous information on how people use the website.
This information may be used by Virtualitics and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity. Please read more details in our cookie tool.
4.4 Your choices
Your web browser can be set to allow you to control whether you will accept Cookies, reject Cookies, or to notify you each time a Cookie is sent to you. Please note that if your browser is set to reject Cookies, the website may not recognize you when you return to the website and some website functionality may be lost. The help section of your browser may tell you how to prevent your browser from accepting Cookies. For more information about Cookies and your choices with respect to collection and use of such data, or to opt out of having your web browsing information, please visit www.aboutads.info/choices, the National Advertising Initiative’s (NAI) opt-out page at http://www.networkadvertising.org/choices/ or http://youronlinechoices.eu/.
5 Data Retention
We store the information we collect and process about you for as long as is necessary for the purpose(s) or as required by law. Specifically, we store your data:
For the purpose of sending you technical notices, updates, security alerts and support and administrative messages only as long as is necessary to perform our contractual obligations and administer your customer or user account;
For the purpose of responding to your comments, questions and customer service requests as long as is necessary to process your request;
For the purpose of communicating with you about releases, products, services, and offers as long as you show an interest in our products or services, or until you object to or withdraw your respective consent in receiving these communications;
For the purpose of monitoring and analyzing trends, usage and activities in connection with our Services until you object to or withdraw your respective consent in these operations;
For the purpose of detecting, investigating, and preventing fraud and other illegal activities and protect the rights and property of Virtualitics and others as long as is necessary based on any terms governing use of our Service, legal provisions or until the investigations are settled;
For the purpose of personalizing the Services until you with withdraw your respective consent;
For the purpose of improving the Services until you object to such processing; when you object to such processing we will delete any personal identifiers (if any) associated with that data and process it in anonymized format only;
In addition, we store your personal data only for the assertion of or defense against legal claims, including any terms governing use of our Services, or as long as legal obligations to store exist.
6 Transfer of Information to the U.S. and Other Countries
Virtualitics is based in the United States and we process and store information in the U.S. As such, we and our service providers may transfer your information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your personal data receives an adequate level of protection in the jurisdictions in which we process it.
7 Users in the European Economic Area
If you are a user in the European Economic Area (“EEA”), you have certain rights and protections under the law regarding the processing of your personal data (also referred to as “information” above).
The company referred to in Section 10 is responsible for the processing of your personal data (the data controller).
7.2 Legal Basis for Processing
If you are a resident of the EEA, when we process your personal data as described in sections 1-4 above, the processing is based on the following legal grounds:
Log Information, Device Information and Licensee Data: We need to process your personal data to perform our responsibilities under our contract with you (e.g., processing payments for and providing the Virtualitics Services you have requested), Art. 6 (1b) GDPR; .
Telemetry Data: We have a legitimate interest in processing your personal data (Art. 6 (1f) GDPR). Our legitimate interests are providing secure Services, analyze proper functioning of our Services and improving our Services to provide up-to-date and innovative Services that perform properly.
We will ask you for your consent where necessary under the GDPR. Such consent will be collected separately with additional information. Information Collected by Cookies: We have a legitimate interest in processing your personal data (Art. 6 (1f) GDPR). Our legitimate interests are:
sending you marketing communications,
communicating with you about releases or changes to our Services, and
providing secure, and improving our Services to provide up-to-date and innovative Services that perform properly.
We will ask you for your consent where necessary under the GDPR. Such consent will be collected separately with additional information.
7.3 Data Subject Requests
If you are a resident of the EEA, you have the right to access personal data we hold about you and to ask that your personal data be corrected, erased, or received in a structured, commonly used and machine-readable format if the statutory requirements are met. You may also have the right to object to, or request that we restrict, certain processing, and to withdraw your consent at any time with effect for the future. In the case of direct marketing, as the data subject, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising, including profiling insofar as it is linked to such direct marketing. If you would like to exercise any of these rights, you may contact us as indicated below.
7.4 EU and UK Representatives
Virtualitics has appointed the GDPR Art. 27 Representatives:
2. For the UK: Virtualitics, c/o Reed Smith LLP, Ref: COD/HS, The Broadgate Tower, 20 Primrose Street, London EC2A 2RS, UK or via email at firstname.lastname@example.org.
Reed Smith are authorized to receive communications, on our behalf, relating to our European and UK personal data practices.
7.5 Questions or Complaints
If you are a resident of the EEA and have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. For contact details of your local Data Protection Authority, please see: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.
8 Users in California
8.1 CCPA Rights
California residents have the following rights under the California Consumer Privacy Act (“CCPA”):
Right to Know – You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. We collect the following categories of personal information:
Identifiers, such as name, email address or other similar online identifiers.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as name and telephone number.
Commercial information, such as products or services purchased.
Internet or other similar network activity, such as your interaction with our website.
Geolocation data, such as physical location.
Inferences drawn from other personal information, such as a profile reflecting a person’s intelligence, abilities, and aptitudes.
Once we receive and confirm your verifiable consumer request, we will disclose to you the categories and specific pieces of personal information we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, the categories of third parties with whom we share such information, and information about our sale or disclosure for business purposes of your personal information to third parties.
Right to Delete – You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
Right to Opt-Out of Sale – You have the right to opt-out of the sale of your personal information to third parties. Please note we do not “sell” your personal information, as that term is defined in the CCPA. We do not sell the personal information of consumers under 16 years of age without affirmative authorization.
Right to Non-Discrimination – You have the right to not be discriminated against for exercising any of these rights.
If you would like to exercise one or more of the above rights, please contact us using the contact information provided below. We may need you to provide additional information to verify your request, such as providing certain data elements so that we can confirm they match the personal information already maintained by us. We will not use this additional information for anything other than handling your request. You may designate an authorized agent to make a request in certain circumstances on your behalf. Such authorized agent must be registered with the California Secretary of State. We will endeavor to respond to all such requests within forty-five (45) days, although there may be a brief delay in processing a request while we verify that the request is valid and originates from you as opposed to an unauthorized third party. If we require more time, we will inform you of the reason and extension period in writing
1.2 Do Not Track
At this time, we do not recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.
1.3 Shine the Light
Additionally, California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. Please note we do not share personal information with third parties for their direct marketing purposes.
9 Your Choices
You may update, correct or delete information about you at any time by emailing us at email@example.com. If you wish to deactivate your account, please email us at firstname.lastname@example.org, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you in connection with our data retention policies.
10 Promotional Communications
You may opt out of receiving promotional emails from Virtualitics by following the instructions in those emails or by emailing us at email@example.com. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
11 Contact Us
Our EU representative is Daniel Kadar, c/o Reed Smith LLP, 112 Avenue Kléber, 75116 Paris, France, email: Privacy-Virtualitics@reedsmith.com, phone: +33 (0)1 76704086.
Our UK representative is Cynthia O’Donoghue, c/o Reed Smith LLP, The Broadgate Tower, 20 Primrose Street, London EC2A 2RS, email: Privacy-Virtualitics@reedsmith.com; phone: +44 (0)20 3116 9494.