Privacy Policy

VirtualU Privacy Policy

 

Privacy Policy:

VirtualU is committed to working with our Customers to obtain a fair resolution of any complaint or concern about privacy concerns and our Services, and supporting law enforcement and regulatory agencies committed to stopping crimes of personal data theft and identity fraud. We strive to give you the ability to clearly and concisely make meaningful choices in order to monitor and control all your privacy settings and control what appears about you on the Internet.

Data Collection:

VirtualU crawls and processes publicly available information from the Internet, that is made available by Authors. This information, as well as our analysis is may be available to third parties according to our Services. All the data that we process about Authors can be found with anybody who has access to the Internet. Some of this information may be identifiable as personal data like name or profile picture. Authors are considered as the source of the data. They have control over their information within the social media network they are using or any other publishing platform. They also have certain rights over their data as set in this privacy statement.

The data we collect about authors may include a name, username, handle, unique identifier, pictures, images or videos you interact with, posted opinion, comments, social media posts, interests, job or any information the author has published or made available publicly. This information can be enhanced by VirtualU’s tools to infer demographic or affiliation features.

When you enter our Website, we collect Non-Personal Information such as your browser type and IP address. Likewise, in order to offer you meaningful products and services and for other reasons, we may collect Personally Identifiable Information about you from the following sources:

Information you give us on applications or other forms on our Website and/or Software, like email address, personal name and phone number. This information might be provided by your account administrator to give you access to the software application OR

Information about your transactions with us and our affiliates (contractors and service providers) for the usage of our Services OR

Information on your usage of our website or software with the only goal to improve the quality of our products and your user experience.

If you contact us, we will collect the information that we need to process your request. Your messages are categorized and further analyzed to improve our website, software and services.

Information usage:

The legal basis for processing this information is providing our Services to our customers, which include providing software and technologies to help them understand better the perception of their brand, customers, competitors and any other information about them on the Web and act more rapidly and with better awareness. VirtualU as a company sets in place measures to control that our customers use the provided data in accordance to the law and this statement, although this is a responsibility of our customers. It is prohibited to our customer to use obtained data in a way that is outside the author’s reasonable expectations. The information is retained as long as it is reasonably necessary to provide our Services. The data is deleted if there is a request by the author or if it was deleted in the original source by the author.

The legal basis for processing this information is providing our Services to our customers, which include providing software and technologies to help them understand better the perception of their brand, customers, competitors and any other information about them on the Web and act more rapidly and with better awareness.

We will retain your information for at least as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements. We may also keep your information for longer periods of time consistent with our normal business practices and record-keeping requirements. We will retain Personal Data we process on behalf of our clients for as long as needed to provide Services to our client.

We use the collected user information, including Personal Information, behavioral metrics, geo-location data, demographic data and marketing preferences to personalize and display advertisements and other content for you through Google Analytics. If you wish you may visit the Google’s Ads Settings to adjust your preferences.

Internal record keeping:

We may use the information to improve our products and services.

We may send transactional emails to you, regarding your subscription to our software application.

We may periodically send marketing communication messages about new products, special offers or other information which we think you may find interesting using the email address which you have provided. You always have the possibility to opt-out from this kind of messages.

Information sharing:

The data we process is shared with our customers and any member of our company group (subsidiaries and parent companies). During the sharing process we ensure that there are appropriate safeguards to protect your data.

The data we process is shared within our company group (subsidiaries and parent companies). During the sharing process we ensure that there are appropriate safeguards to protect your data. It may also be shared with selected third parties like business partners, suppliers, analytics, online chat and search engine providers that help us in providing and improving our website and services. We use Google Analytics and DoubleClick Cookies, to collect non-personal information in the form of various usage and user metrics when you use our online Sites and/or Services. These tools and technologies collect and analyze certain types of information, including cookies, IP addresses, device and software identifiers, referring and exit URLs, onsite behavior and usage information, and other similar information.

Security and legal rights:

The information processed by VirtualU is stored with appropriate technical, physical and administrative controls designed to protect your data using high industry standards and encryption technologies. All the information concerning EU based authors and users is stored within the European Union. Applicable data privacy law provides the following legal rights to authors: they may request access to the data that VirtualU stores about them and update, rectify, delete or block it, as well as cease any further use of author’s data. To exercise any of these rights authors may contact VirtualU. In some particular cases VirtualU may not be allowed to delete historical data records for legal, compliance or financial reporting reasons.

How we use your Information:

We will retain your information for at least as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements. We may also keep your information for longer periods of time consistent with our normal business practices and record-keeping requirements. We will retain Personal Data we process on behalf of our clients for as long as needed to provide Services to our client.

Modifications:

VirtualU WE MAY MODIFY OUR POLICY FROM TIME TO TIME. WE WILL POST THOSE MODIFICATIONS OF OUR WEBSITE HERE PRIOR TO THE MODIFICATIONS BECOMING EFFECTIVE. WE WILL NOTIFY YOU OF MATERIAL MODIFICATIONS TO THIS PRIVACY POLICY, INCLUDING SENDING YOU A COPY OF THE UPDATED POLICY BY EMAIL IF WE HAVE YOUR EMAIL ADDRESS ON FILE, PRIOR TO THE CHANGE BECOMING EFFECTIVE. YOUR CONTINUED USE OF THE SITE OR OUR SERVICES AFTER ANY SUCH MODIFICATION MEANS THAT YOU ACCEPT THE MODIFIED POLICY. EACH TIME YOU USE THE SITE, THE LATEST VERSION OF THE POLICY WILL BE DISPLAYED AND WILL APPLY. IF YOU DO NOT AGREE TO OUR PRACTICES AS DESCRIBED IN THIS POLICY, DO NOT USE OUR SITE AND SERVICES.

In addition to this Privacy Policy, other contract terms such as our VirtualU “Terms and Conditions” and our “Use of Service”, will apply to you, based on the Services you select or use. If you use other Services, additional privacy terms may also be applicable.

Security Standards:

The security of your Personal Information is important to us and we have put into place multi-layered technical, physical and procedural measures to help keep it safe. For example, we keep Personal Information encrypted during transit and at rest using strong encryption technology and employ proactive monitoring and other tools to protect against unauthorized access. We work with third parties on an ongoing basis to keep our practices current and undergo annual third party audits that examine our practices on security and privacy.

Despite our mutual efforts, you understand and agree that perfect security does not exist and understand that there is a certain amount of risk inherent in providing and receiving services over the internet. The Services depend upon your commitment to keep your Personal Information safe. You agree to use your Personal Information in a reasonable way and to avoid recklessly disclosing your Social Security number, financial account numbers or other Personal Information to those that could improperly use or disclose it. For example, take care not to visit sites that may transmit malware, or to respond to “phishing” scams, unsolicited emails, or pop-up messages requesting your Personal Information. You may have the opportunity to participate in contests, blogs, promotions or other functions by way of the Site. Use caution when deciding to disclose your information in such a submission as these functions may be provided by a Third Party Website and subject to terms which are different than those stated in this Privacy Policy.

If you have any questions about the security of your Personal Information or the security of the site, or to report a potential security issue, please contact us. If you have a potential security issue, please describe the matter in as much detail as possible and include any other data that might be helpful. If you are having problems accessing your account, please contact us.

Referrals and Affiliate:

If you choose to use our referral service or affiliate program to tell a friend about our Site, we will ask you for your friend’s email address or other contact information. We will automatically send your friend a one-time email inviting him or her to visit the Site. We store this information for the sole purpose of sending this one-time email. You may contact us to request that we remove this information from our database. If you sign up for our affiliate program to earn commissions for referring buyers to VirtualU, you will be provided a login and passoword to the affiliate program software. You will be paid by PayPal at the beginning of each month from sales tracked by the software in the previous month. Accordingly, you will be bound by the Terms and Conditions and Privacy Policy of PayPal and the affiliate program software.

Third Party Websites:

Our Site may include Social Media Features, such as the Facebook Like button and widgets, such as the “Share this” button or interactive mini-programs that run on our Site. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly and for other purposes. Social Media Features and Widgets are displayed on our Site, but are hosted by the third party identified in the widget. These Social Media Features and Widgets are subject to their own privacy policies, not this one, and their privacy practices may differ from those on this Site.

Children’s Privacy:

We believe it is important to provide added protection for children on the internet and encourage parents and guardians to work with their children to understand how to be safe online. Our Site is not intended for the use by anyone under the age of eighteen (18) but parents or guardians may enroll minors for certain Services we offer. Other than as specifically described herein, we do not want or intend to collect or request Personal Information from anyone under the age of eighteen on this Site.

Marketing:

If you provide us with your email address or mailing address, you may receive marketing messages and materials from us or our affiliates. You have choices on what communications you want to receive from us. Marketing materials for our Services may also be included in messages you receive from our partners (which may include your employer if they offer our services as part of their employee benefits) or service providers that offer our services as part of a special offer. If you choose not to receive marketing communications that we send, we will honor your request. However, we will continue to communicate with you as needed to provide the Services, respond to your inquiries or otherwise relay service related messages. You may still receive information about our Services through other parties using their own mailing lists.

You can stop receiving promotional email or postal communications from us by following the instructions included in each communication, by changing your preferences in your member portal, or by contacting us.

Your Access to Your Information:

Upon request VirtualU will provide you with information about whether we hold any of your personal information. Since we abide by the concept “You own your personal data”; you can request from us a copy of your spreadsheet data containing the logins and passwords to any third party sites, data such as social media profiles we created on your behalf; in order to gain access, correct or remove your information from those sites. The instructions about how-to remove your data from third party sites is provided with our paid services. If you are not a member and want to know what Personal Information we have about you, you need to contact us in writing by email with this request. We will respond to your inquiry within ten business days. If you cancel your Services, we may retain your information in accordance with this section. We will retain your information as follows:
for as long as your membership is active
as needed to provide you Services
as required by company policy or legal obligation
as needed to resolve disputes
as needed to enforce our agreements

Privacy Act of 1974:

The Privacy Act of 1974, 5 USC 552a, provides protection to individuals by ensuring that personal information collected by Federal agencies is limited to that which is legally authorized and necessary and is maintained in a manner which precludes unwarranted intrusions upon individual privacy. https://en.wikipedia.org/wiki/Privacy_Act_of_1974

Communications Decency Act of 1996:

Communications Decency Act. The Communications Decency Act of 1996 (CDA) was the first notable attempt by the United States Congress to regulate pornographic material on the Internet. … As eventually passed by Congress, Title V affected the Internet (and online communications) in two significant ways. https://en.wikipedia.org/wiki/Communications_Decency_Act

Digital Millenium Copyright Act (DMCA) of 1998:

The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works (commonly known as digital rights management or DRM). It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet.[1][2] Passed on October 12, 1998, by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of online services for copyright infringement by their users.

The DMCA’s principal innovation in the field of copyright is the exemption from direct and indirect liability of Internet service providers and other intermediaries. This exemption was adopted by the European Union in the Electronic Commerce Directive 2000. The Copyright Directive 2001 implemented the 1996 WIPO Copyright Treaty in the EU.
https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act

EU Right to be Forgotten:

The right to be forgotten is a concept that has been discussed and put into practice both in the European Union (EU) and, since 2006, in Argentina.[1][2] The issue has arisen from desires of individuals to “determine the development of their life in an autonomous way, without being perpetually or periodically stigmatized as a consequence of a specific action performed in the past.”[3]:231
There has been controversy about the practicality of establishing a right to be forgotten to the status of an international human right in respect to access to information, due in part to the vagueness of current rulings attempting to implement such a right.[4] Furthermore, there are concerns about its impact on the right to freedom of expression, its interaction with the right to privacy, and whether creating a right to be forgotten would decrease the quality of the Internet through censorship and a rewriting of history.[5] Those in favour of the right to be forgotten cite its necessity due to issues such as revenge porn sites appearing in search engine listings for a person’s name, as well as instances of these results referencing petty crimes individuals may have committed many years ago. The central concern here being, these results can unduly play a prominent role in a person’s online presence almost indefinitely if not removed.[6] https://en.wikipedia.org/wiki/Right_to_be_forgotten

EU General Data Protection Regulation (GDPR):

The General Data Protection Regulation (GDPR), the Data Protection Law Enforcement Directive and other rules concerning the protection of personal data in the European Union. https://ec.europa.eu/info/law/law-topic/data-protection_en

Indemnification:

You agree to indemnify, hold harmless and defend us, our officers, directors, employees, agents, and third-party suppliers or affiliates, at your expense, against any and all third-party claims, actions, proceedings, and suits brought against us or any of our officers, directors, employees, agents, third-party suppliers or affiliates, and pay all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by us or any of our officers, directors, employees, agents, third-party suppliers or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your fraudulent or malicious use of the Services, (iii) your violation of applicable laws, rules or regulations in connection with the Services, (iv) our use of any content or information, including Client Materials or Reviewer Information, you provide to us; or (v) the disclosure of your relationship with us. In such a case, we will provide you with written or electronic notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

NEITHER WE, NOR OUR THIRD PARTY SUPPLIERS, WILL BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE OR OUR THIRD PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.

OUR maximum liability arising out of or in any way connected to this agreement shall not exceed the GREATER OF (A) THE fees you have paid to us pursuant to the Order that is the subject of the claim during the twelve (12) months immediately preceding the claim, OR (B) us $100.00. The existence of one or more claims will not increase OUR liability. In no event shall OUR suppliers have any liability arising out of or in any way connected to the Services.

The parties agree that the limitations of liability set forth in this Section shall survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy. The parties acknowledge that the prices have been set and the Agreement entered into in reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between the parties. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth in this Section may not apply to you.

The initial term of each Order shall begin on the date specified on the applicable Order and continue for the period specified therein (“Initial Term”). Unless otherwise specified on the applicable Order, each Order shall automatically renew for successive periods equal in duration to the Initial Term (each a “Renewal Term”) unless either party provides written notice to the other party of its election to terminate the Order prior to the end of the then-current term.

Any claim, dispute or controversy of whatever nature (“Claim”) arising out of or relating to this Agreement shall be resolved by final and binding arbitration. This Agreement shall be governed by and construed under the laws of the state of Arizona, consistent with the Federal Arbitration Act, without reference to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. The Arbitrator(s) shall be authorized to award compensatory damages, but shall NOT be authorized to award non-economic damages, such as for emotional distress, or pain and suffering or punitive damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator(s); however, the Arbitrator(s) shall be authorized to award to the prevailing party reimbursement for its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the Arbitrator(s). Within fifteen (15) calendar days after the conclusion of the arbitration, Arbitrators shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Each party shall fully perform and satisfy the arbitration award within 15 days of the service of the award. Judgment on the award may be entered by any court of competent jurisdiction. By agreeing to this binding arbitration provision, the parties understand that they are waiving certain rights and protections which may otherwise be available if a Claim were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding; and a right to invoke formal rules of procedure and evidence.

Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email (provided email shall not be sufficient for notices of termination or indemnification). All notices shall be sent to the addresses set forth on the applicable Order, which may be updated from time to time upon written notice to the other party.

The Services, Website Content, other technology we may make available, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. You represent that you are not named on any U.S. government denied-party list. In addition, you shall not permit access to the Site, or use the Services, in a U.S.-embargoed country or in violation of any U.S. export law or regulation.

We shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond our reasonable control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters. In addition, you acknowledge that the Services depend heavily on privacy law in the United States, the various States and Territories, and other jurisdictions. The law can and will change in the future and such changes are outside our control. Some legal changes, including but not limited to legislation or judicial interpretation, may render it more difficult or impossible for us to perform the Services.

No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach. If any provision of this Agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

Any amendment, waiver or variation of this Agreement shall not be binding on the parties unless set out in writing, expressed to amend this Agreement and signed by or on behalf of each of the parties. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, we may assign this Agreement (including any Order(s)), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

Our relationship with you is that of an independent contractor, and neither party is an agent or partner of the other. You do not have, and will not represent to any third party that you have, the authority to act in the name or on behalf of or otherwise to bind us in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability or the exercise of any right or power). We are not your lawyer and do not offer legal advice, nor does this Agreement or the Services create any attorney-client relationship or legal representation.

This Agreement, including all exhibits and addenda hereto and the accepted Order(s), constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. However, to the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any exhibit or addendum executed by both parties or any accepted Orders, the terms of such exhibit, addendum or accepted Orders shall prevail.

Notwithstanding any language to the contrary therein, no terms or conditions stated in your purchase order or other order documentation (excluding accepted Orders) shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.