29th August - 2020
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Last modified: April 14, 2021
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.
All contents of Site are: Copyright © 2021 Virtualitics, Inc. All rights reserved.
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.
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
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.
1.2.1 Usage Information
We collect and process information about your use of the Software, such as:
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.
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:
We will not share data except in the following circumstances:
We use the following categories of Cookies in our Services:
These Cookies are essential in order to enable you to move around the website and use its functionalities.
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.
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.
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/.
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:
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.
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.
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).
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:
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.
Virtualitics has appointed the GDPR Art. 27 Representatives:
Reed Smith are authorized to receive communications, on our behalf, relating to our European and UK personal data practices.
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.
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:
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
At this time, we do not recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.
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.
You may update, correct or delete information about you at any time by emailing us at firstname.lastname@example.org. If you wish to deactivate your account, please email us at email@example.com, 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.
You may opt out of receiving promotional emails from Virtualitics by following the instructions in those emails or by emailing us at firstname.lastname@example.org. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
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.