Virtualitics

Last updated: October 11, 2023

This Privacy Policy (“Policy”) explains how Virtualitics, Inc. (“Virtualitics”, “we”, “us”, “our”) collects, uses and discloses Personal Information (defined below) when you use our websites, software (“Software”), mobile applications, social media sites and handles, and emails we send (collectively our “Services”). By using the Services, you agree to the collection and use of information in accordance with this Policy. Unless otherwise defined in this Policy, the terms used in this Policy have the same meanings as in our Terms of Use.

For the purposes of this Policy, unless otherwise required by applicable law, “Personal Information” (also referred to as “personal data”) means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual consumer or household.

1.1 Information You Provide to Us directly
We collect and process Personal Information you provide directly to us. For example, we collect Personal 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, apply for an open position or otherwise communicate with us. The types of Personal 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 Personal Information, including cookies. For more information about Cookies and how to configure your cookie choices, please see section 4 below.

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.

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 processing your application as long as it is necessary for the application process;
• 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.

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 have taken steps to ensure that your personal data receives an adequate level of protection in the jurisdictions in which we process it.

9.1 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

9.2 Do Not Track

At this time, we do not recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.

9.3 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.

You may opt out of receiving promotional emails from Virtualitics by following the instructions in those emails or by emailing us at [email protected]. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.