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Vimergy commits to strong and transparent privacy practices, and this Privacy Policy further explains the privacy practices at Vimergy® LLC (“Vimergy”). Our Privacy Policy explains:
Please read this Privacy Policy carefully. By using or accessing the Service (as defined below), you acknowledge that you have read, understood, and agree to be bound to all the provisions, terms and conditions of this Privacy Policy, and the Terms and Conditions of Use, or other customer agreement between you and Vimergy that is applicable to the particular Service you are using or accessing, collectively referred to as the “User Agreements”.
If you do not agree to this Privacy Policy and the applicable User Agreement, please exit, and do not access or use, the Service.
Your privacy is important to us, so whether you’re new to Vimergy or a long-time user, please take the time to get to know our practices. Always feel welcome to contact us with questions on terms like “cookies” or “IP address” or general questions about our privacy practices at help@vimergy.com. Click on any of the links below to go straight to one of the following sections:
This Privacy Policy sets forth the privacy practices of Vimergy for: all Vimergy software and applications (including, without limitation, mobile software and applications) (collectively, the “Software”); the Vimergy website located at www.vimergy.com and any other Vimergy website or service that is under Vimergy’s direct control that links to this Privacy Policy, (collectively, the “Websites”); and all other Vimergy products or services provided or otherwise made accessible on or through the Software or the Websites or that otherwise link to or reference this Privacy Policy. The Software, the Websites, and any other Vimergy products or services that link or refer to this Privacy Policy are collectively referred to as the “Service.”
This Privacy Policy describes how Vimergy collects, discloses, stores, transfers, and uses information that could individually identify our users (“Personal Data”) in connection with our Service. Personal Data is generally interpreted quite broadly and includes any information that serves as an identifier to a natural person such as a name, address, telephone number, social security or credit card number, location data, birthday or an Internet Protocol (IP) address.
Vimergy does not track, collect, or monitor any of your biometric data (e.g., retina or iris scan, fingerprint, voiceprint, or a scan of face geometry).
This Privacy Policy does not apply to the practices of third parties, as explained in more detail below. In this Privacy Policy, (a) “we,” “us,” “our,” and other similar references refers to Vimergy and any parent, subsidiary, member, officer, director, employee, agent, or contractor of Vimergy or any entity under common control with Vimergy and (b) “you” and “your” and other similar references mean any user of the Service.
This Privacy Policy applies (i) immediately to new users who use or access the Service on or after the Effective Date and (ii) on the Effective Date for users who used or accessed the Service before the Effective Date.
Please contact us if you have any questions or comments about our privacy practices. You can reach us online at help@vimergy.com or by mail at the address listed in the “What If You Have Questions Regarding Your Personal Data?” section below.
The Service is hosted and operated in the U.S., with development, support and maintenance operations in other countries as authorized by Vimergy or through one of Vimergy’s service providers.
If you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside and the U.S. may therefore not have been awarded an adequacy decision under relevant data protection laws, such as the EU General Data Protection Regulation (the “GDPR”). By using the Service, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Vimergy in the U.S. and will be hosted on U.S. servers, and otherwise processed by or on behalf of Vimergy in the U.S., and as applicable, possibly other countries.
Where applicable, in order to protect Personal Data about you under the GDPR and other relevant data protection laws, Vimergy ensures Personal Data is adequately protected and that any international transfers of Personal Data are carried out in accordance with the law by ensuring at least one of the following safeguards is implemented:
If you are located in the European Economic Area (“EEA”) or the UK, please contact us for further information on the specific mechanism used by us when transferring your Personal Data outside the EEA and UK. You can reach us online at help@vimergy.com or by mail at the address listed in the “What If You Have Questions Regarding Your Personal Data?” section below.
Data protection laws are changing rapidly in every jurisdiction – individual states, U.S. national, non-U.S. countries, European Union (EU), and other global collaborations. Vimergy remains committed to being transparent with Vimergy’s data practices throughout the changes. The below highlights two current global frameworks that are in-process and have yet to be finalized.
If you are located in the EU, United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the GDPR or the UK General Data Protection Regulation (“UK GDPR”) (as applicable) related to your Personal Data, as further described below. Vimergy will be the controller of your Personal Data processed in connection with the Service, unless you access the Service through an enterprise account, or other Vimergy account that is controlled by a third party (e.g., your employer).
As of July 2020, the EU-U.S. Privacy Shield Framework was invalidated by the European Court of Justice (ECJ). Vimergy previously complied with the EU-U.S. Privacy Shield Framework. In March of 2022 a new data protection framework was agreed to by the U.S. and European Commission; however, the Trans-Atlantic Data Privacy Framework has yet to be implemented. In the interim, Vimergy will handle your Personal Data as outlined in this Privacy Policy. Individuals that reside within the European Union and have inquiries or complaints regarding U.S. privacy practices should contact us at help@vimergy.com.
In April 2022, Canada, Japan, the Republic of Korea, the Philippines, Singapore, Chinese Taipei, and the U.S. issued a declaration announcing the establishment of a forum to create an international certification system for data privacy standards. The forum will generate best practices for data protection and interoperability among and between other privacy frameworks. Individuals that have inquiries or complaints regarding U.S. privacy practices should contact us at help@vimergy.com.
Vimergy collects Personal Data about you when you provide it directly to us, or when third parties, such as our business partners (e.g., companies with whom we integrate our Service) or service providers (e.g., such as our advertising service providers), provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Service. We collect the following Personal Data from you in connection with the Service:
We also collect usage and performance information that is not Personal Data or that we aggregate or de-identify so that it no longer personally identifies an individual, and may associate certain data that is not Personal Data with Personal Data.
We collect Personal Data when a user (i) creates an account (a “User Account”); (ii) logs into the Service; (iii) interacts with the Service; (iv) uploads or generates User Content; (v) communicates with us; and (vi) responds to a communication or interaction from us. Some of the methods and tools we use to collect Personal Data are:
Vimergy uses Personal Data to: (i) provide, administer, and improve our Service; (ii) better understand your needs and interests; (iii) fulfill requests you make; (iv) personalize your experience; (v) provide Service announcements; (vi) provide you with information and offers from Vimergy, Vimergy Affiliates, and our business partners; (vii) protect, investigate, and deter against fraudulent, harmful, unauthorized, or illegal activity and (viii) comply with legal obligations.
For example, we may use Personal Data to:
Some of our advertising (“Behavioral Advertising”) involves using Tracking Tools to collect information about a user’s online activities over time and across non-affiliated websites and applications and providing ads to the user based the user’s interests (as inferred from the user’s online activity) or use of our Service. Behavioral Advertising may appear on our Service or on other websites or services. We work with third parties to provide Behavioral Advertising, such as advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers, and other third-party service providers (collectively, “Advertising Service Providers”). Advertising Service Providers perform services such as facilitating targeting of advertisements and measuring and analyzing advertising effectiveness on the Service (collectively, all such services, “Targeting Services”). Targeting Services help us display Behavioral Advertising, prevent you from seeing repeated ads, and enable us to research the usefulness of ads.
We will only use your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity, and our “legitimate interests” or the legitimate interest of others, as further described below.
Examples of these legitimate interests include:
We share Personal Data with vendors, third party service providers, and agents who work on our behalf and provide us with services related to the Service. These parties include:
We also share Personal Data with third party service providers and agents when necessary to complete a transaction initiated or authorized by you or to provide you with a product or service you have requested. In addition to those set forth above, these third-parties also include:
We share Personal Data with presenters, sponsors, or other conference participants or organizers if you register for or attend a conference we are involved with.
We also share Personal Data when we believe it is necessary to:
We also share information with third parties when you have given us consent to do so.
If you register for the Service using an e-mail address that we recognize to be either a part of a third-party enterprise account for the Service (an “Enterprise Account”) or a potential enterprise Service purchaser (for example, your employer’s) (each, an “E-Mail Holder”), we may provide your name and email address to the E-Mail Holder and their administrator. In some cases, we will also consolidate your account(s) with the accounts of the E-Mail Holder and we provide your E-Mail Holder and their administrator with access to your User Account information and User Content. This may happen when the E-Mail Holder’s account is established after you register for your individual User Account. We make these transfers to allow users who are part of a larger organization to take advantage of the special features and security enjoyed by our Enterprise Account holders, and in order to help you and your organization comply with its internal security and email usage obligations. Please note that all accounts for the Service, and all applicable subaccounts (which may include your User Account), are controlled by the account administrator. In certain cases (e.g., when we are aggregating all of the accounts under a current or potential Enterprise Account), we will provide you with the ability to opt-out of consolidation with an E-Mail Holder’s Account (typically by changing the email address on your account to a non-E-Mail Holder email address).
Additionally, when an E-Mail Holder creates an Account, we may notify any individuals already using the Services under an email address with the same company domain as yours so that they can be migrated to your enterprise Account.
Vimergy may sell, transfer, or otherwise share some or all of its business or assets, including your Personal Data, in connection with a business deal (or the evaluation of a potential business deal) such as a merger, consolidation, acquisition, reorganization, or sale of assets or in the event of bankruptcy. You acknowledge that such transfers may occur and that any acquirer or successor of Vimergy or its assets may continue to use your Personal Data as set forth in this Privacy Policy. To the extent required by applicable law, you will be notified via email and/or a prominent notice on our Website or Service of any change in ownership of your Personal Data or resulting change in uses of your Personal Data, as well as any choices you may have regarding your Personal Data. Similarly, if you access the Service as part of a third party Enterprise Account, the individual or entity controlling the Enterprise Account may transfer or otherwise share the account (including your User Account, User Content, and Personal Data) to an acquirer of some or all of its assets in connection with the migration to an E-Mail Holder’s account, or a business deal (or the evaluation of a potential business deal) such as a merger, consolidation, acquisition, reorganization, or sale of assets, or in the event of bankruptcy.
You can opt-out of certain Behavioral Advertising activities by doing one or more of the following. Please note that you will need to opt-out of each browser and device for which you desire to apply these opt-out features.
Please note the following with respect to opting out of Behavioral Advertising:
We will give you the ability to opt-out of marketing-related emails by clicking on a link at the bottom of each such email. You cannot opt-out of receiving certain non-marketing emails regarding the Service.
Except as set forth in this Privacy Policy, you will be notified when your Personal Data may be shared with third parties, and will be able to prevent the sharing of this information. To the extent permitted or required by applicable law, you can opt-out of having your information shared with a third party that is not our agent, by contacting us at help@vimergy.com. However, please note that opting-out of information sharing or collection may affect your ability to use some features of the Service.
We believe the security of your information is a serious issue and we are committed to protecting the information we receive from you. We use commercially reasonable security measures to protect against the loss, misuse, and alteration of your information under our control based on the type of Personal Data and applicable processing activity, such as data encryption in transit, data encryption at rest (for customers that elect to purchase our “private cloud” solution), pseudonymization, and enforcement of least privilege and need-to-know principles.
To the extent the Service requires you to provide any Financial Account Information, such as when you purchase subscriptions to the Service, that information will be collected and processed by third-party PCI-compliant service providers. We do not store Financial Account Information transmitted through the Service, provided that we do store (or our payment processor on our behalf will store) just the last four digits of your credit card number, if you provide this to us, to comply with credit card processing requirements of authorizations, charges and chargebacks.
We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with the Service. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule, or regulation. Upon disposal, we will destroy or render unreadable any such Personal Data. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
This Privacy Policy applies only to the Service. It does not apply to products, services, or sites that are provided by or operated by third parties, even if such products, services or sites are linked or redirected to or from the Service (“Third-Party Sites”), regardless of whether or not such link or redirection is authorized by Vimergy. Third-Party Sites may have their own policies regarding privacy, or no policy at all. The fact that we link to a Third-Party Site is not an endorsement, authorization, or representation that we are affiliated with that third party. Vimergy is not responsible for Third-Party Sites, and you use them at your own risk. We encourage you to read the privacy policies and terms of the Third-Party Sites that you visit or use.
The Service contains areas where you may be able to publicly post information, communicate with others, submit media content, and/or review goods, services, or vendors, such as discussion boards or blogs. Any information, including Personal Data that you post there, will be public and can be viewed by the public at large, and therefore anyone who accesses such postings will have the ability to read, collect, and further disseminate such information. We have no control over, and take no responsibility for the use, storage, or dissemination of information posted or otherwise made available on such portions of the Service. By posting Personal Data online in public forums, you may receive unsolicited messages from other parties.
You have certain rights with respect to your Personal Data, and we want to help you review and update your information to ensure it is accurate and up-to-date. We may limit or reject your request in certain cases, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law. In some cases, we may also need you to provide us with additional information, which may include Personal Data, to verify your identity and the nature of your request. We will take reasonable steps to respond to all requests within 30 days (or less!).
If you are a Vimergy customer, you can accomplish most of the following by logging into your User Account. You can also contact us directly at help@vimergy.com if you have any additional requests or questions:
For the following, please email us at help@vimergy.com.
If you take issue with Vimergy’s data practices with respect to your Personal Data, your country or EU Member State may have a supervisory authority where you can lodge a complaint.
You may close an account, and upon termination of your User Account, we will take reasonable steps to provide, modify, or delete your Personal Data as soon as is practicable. However, Vimergy may nevertheless retain your Personal Data to protect the business interests of Vimergy, Vimergy Affiliates, vendors, and other users, and some information may remain in archived/backup copies for our records or as otherwise required by law. Those interests include without limitation the completion of transactions, maintaining records for financial reporting purposes, complying with our legal obligations, resolving disputes, and enforcing agreements.
Pursuant to Section 1798.83 of the California Civil Code, among other regulatory provisions specific to California such as the California Consumer Privacy Act (CCPA), residents of California can obtain certain information about the types of Personal Data that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the proceeding calendar year. In particular, the law provides that companies must inform consumers about the categories of Personal Data that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you are a California resident and have questions about Vimergy’s data practices, please contact help@vimergy.com.
Several individual states are enacting consumer privacy and data breach laws and Vimergy strives to ensure compliance with each. If you have questions about a specific state’s privacy law in relation to this Privacy Policy, please contact help@vimergy.com.
We take our privacy commitments very seriously. If you have any questions or concerns regarding privacy related to the Service, please send us a detailed message to help@vimergy.com, and we will try to resolve your concerns.
We reserve the right to modify this Privacy Policy at any time. We encourage you to periodically review this page for the latest information on our privacy practices. If we make material changes to this Privacy Policy, you will be notified via email (if you have an account where we have your contact information) or otherwise in some manner through the Service that we deem reasonably likely to reach you (which may include posting a new privacy policy on our Website — or a specific announcement on this page or on our blog). Any modifications to this Privacy Policy will be effective upon our posting of the new terms and/or upon implementation of the new changes on the Service (or as otherwise indicated at the time of posting) or on the Effective Date set forth in the modified Privacy Policy. In all cases, your continued use of the Service or Website after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.
Our Service is not intended for minors or children. If you are under the age of eighteen (18), you are not permitted to use the Service. Vimergy does not knowingly acquire or receive Personal Data from children under the age of thirteen (13) (16 in the EU). If we later learn that any user of our Service is under the age of 13 in the U.S. or UK (16 in the EU), we will take appropriate steps to remove that user’s information from our account database and will restrict that individual from future access to the Service. This Privacy Policy is designed to comply with California’s Children’s Online Privacy Protection Act (“COPPA”) the GDPR and the UK GDPR.
Please contact us if you have any questions or comments about our privacy practices or this Privacy Policy. You can reach us online at help@vimergy.com, or by mail at:
Vimergy LLC
Attention: Privacy Officer
10950 San Jose Blvd #288
Jacksonville FL 32223
Last updated: September 27, 2022
