IMPORTANT – READ CAREFULLY
Virtunet Systems complies with the EU-US Privacy Shield (the “Framework”) Principles regarding all Personal Information received in the United States (“U.S.”) from the European Union (“EU”) in reliance on the Privacy Shield, and is an active participant in the Framework. As such, Virtunet Systems is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). Virtunet Systems’ commitment to the Framework’s Principles is outlined in Sections 13 & 14, below. To learn more about Privacy Shield and the Principles You can visit the Privacy Shield Website.
2. PERSONAL INFORMATION YOU DISCLOSE TO VIRTUNET SYSTEMS
Virtunet Systems may collect Personal Information that you voluntarily provide to it when registering on the Website to receive information about Virtunet Systems Services, obtaining demo samples or Services, or when participating in other activities on the Website or otherwise contacting Virtunet Systems.
Such information may include:
Name and Contact Data: first and last name, job title, corporate e-mail address, your employer, phone number, and your country of residence.
Credentials: user account details, passwords for authentication, and account access. Virtunet Systems may also use similar credentials, like password hints and other security information, as the case may be.
Virtunet Systems requires that all Personal Information that you provide to be true, complete and accurate. You must notify Virtunet Systems or update your account if any changes to such Personal Information occurs.
3. INFORMATION AUTOMATICALLY COLLECTED
Some information is collected automatically when you visit, use, or navigate the Website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use the Website and other technical information. This information is primarily needed to maintain the security and operation of the Website and for Virtunet Systems’ internal analytics and reporting purposes.
Like many businesses, Virtunet Systems also may collect or use Personal Information associated with cookies and similar technologies for advertising or other similar purposes. However, any such uses of Personal Information and cookies will receive the utmost care and attention from Virtunet Systems. Any vendors or third parties used for advertising will be reputable and abide by at least similar standards of data protection to that of Virtunet Systems.
4. INFORMATION COLLECTED FROM OTHER SOURCES
Virtunet Systems may purchase or receive limited data from public databases, marketing partners, or other publicly available sources. Examples of the information Virtunet Systems may receive from other sources include: social media profile information; marketing leads; search results; and links to paid listings (such as sponsored links).
Furthermore, Virtunet Systems may collect your Personal Information when you contact Virtunet Systems’ customer support team via call, email or another communication tool. The purpose of collecting such information is to help you solve any issue you have with Virtunet Systems’ Services. The legal basis of collecting this information is Virtunet Systems’ fulfillment of contractual or pre-contractual obligations to you or your consent thereto.
Virtunet Systems’ trusted partners, such as Google, help Virtunet Systems to place advertisements on and off the Website and perform analytics. Please read Virtunet Systems’ current trusted partners’ privacy and cookies policies below:
All processing of your Personal Information is based on legitimate purposes including business interests, fulfillment of contractual obligations, and/or your consent.
5. HOW VIRTUNET SYSTEMS USES YOUR INFORMATION
Virtunet Systems may use your Personal Information for a variety of business purposes, as described in detail, below.
As a non-exclusive list of examples, Virtunet Systems may use your Personal Information:
- To facilitate the creation of an account and log-on process with your consent;
- To keep in touch with you for administrative, business, or contractual purposes with your Consent;
- For advertising and marketing purposes, if this is in accordance with your preferences. You can always opt-out of Virtunet Systems’ marketing e-mails at any time by Contacting Virtunet Systems’ as outlined in Section 13, below;
- To send you Services and new feature information depending on your account preferences;
- To notify you about changes and updates to Virtunet Systems’ terms, conditions, or policies;
- In order to fulfill and manage your orders for contractual reasons. Virtunet Systems may use your information to fulfill and manage your orders, payments, returns, or exchanges made through the Website or otherwise;
- To request feedback or comments from you concerning Virtunet Systems Services;
- To respond to legal requests and prevent harm. For example, if Virtunet Systems receives a subpoena or other legal request, Virtunet Systems may need to inspect the Personal Information it holds in order to determine if and how to respond; and
- To view your online actions across the Website and Services for data analysis, specifically, identifying usage trends, determining the effectiveness of promotional campaigns, and to evaluate and improve the Website, products, Services, and your overall experience.
6. HOW VIRTUNET SYSTEMS SHARES YOUR INFORMATION
Virtunet Systems only shares Personal Information with your consent, to comply with laws, to protect your rights, or to fulfill business obligations. As a non-exclusive list of examples, Virtunet Systems only shares and discloses your Personal Information in the following situations:
- Compliance with Laws. Virtunet Systems may disclose your Personal Information where it is legally required to do so in order to comply with applicable law, governmental requests, or a judicial proceeding, court order, or legal process such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements);
- Vital Interests and Legal Rights. Virtunet Systems may disclose your Personal Information where it believes it is necessary to investigate, prevent, or take action regarding potential violations of Virtunet Systems policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or in the event of litigation;
- Vendors, Consultants and Other Third-Party Service Providers. Virtunet Systems may share your Personal Information with third party vendors, service providers, contractors or agents (“Third-Party Processors”) who perform services on its behalf and require access to such information. For example, Virtunet Systems may use third parties for technical and customer support, payment processing, data analysis, email delivery, hosting services, customer service, and marketing efforts. These Third-Party Processors may be located within the EU, the U.S., or another country in Virtunet Systems’ sole discretion, however, any third party with which Virtunet Systems shares your Personal Information will be held to similar data protection standards to that of the EU-US Privacy Shield Framework and the GDPR.
- Tracking Technology. Virtunet Systems also may allow select third parties to use tracking technology on the Website, which will enable the collection of data about how you interact with the Website over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content or pages, and better understand online activity in order for Virtunet Systems to better its Website and Services. Virtunet Systems does not share, sell, rent or trade any of your Personal Information with third parties for their promotional purposes;
- Business Transfers. Virtunet Systems may share or transfer your Personal Information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of its business to another company;
- Business Partners. Virtunet Systems may share your Personal Information with its business partners to offer you certain products, Services or promotions, and/or to facilitate provision of Virtunet Systems products and Services to you, as well as with other Virtunet Systems entities; and
- With your Consent. Virtunet Systems may disclose your Personal Information for any other purpose in accordance with your consent.
Cookies and similar technologies. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and/or to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of the Website.
Opting out of e-mail marketing. You can unsubscribe from Virtunet Systems’ marketing email list at any time by clicking on the unsubscribe link in the emails received or by contacting Virtunet Systems as outlined in Section 13, below. Upon notifying Virtunet Systems, You will then be removed from the marketing email list; however, Virtunet Systems will still need to send you service-related emails that are necessary for the administration and use of your account.
8. TRANSFER OF INFORMATION
Virtunet Systems may transfer, store, and process your information in countries other than your own.
Please be aware that your Personal Information may be transferred to, stored, or processed by Virtunet Systems in its facilities, with Virtunet Systems entities, or by those third parties with whom Virtunet Systems has formed trusted contracts with in the U.S., the United Kingdom, the EU, India, or other countries, as the case may be.
9. HOW LONG DOES VIRTUNET SYSTEMS STORE YOUR INFORMATION
When Virtunet Systems no longer has a legitimate business need to process your Personal Information, it will either delete or anonymize such information. However, if this is not possible (for example, because your Personal Information has been stored in backup archives), then Virtunet Systems will securely store your Personal Information and isolate it from any further processing until deletion is possible.
10. HOW VIRTUNET SYSTEMS PROTECTS YOUR INFORMATION
Virtunet Systems aims to protect your Personal Information through a system of organizational and technical security measures.
Virtunet Systems has implemented appropriate technical and organizational security measures designed to protect the security of any Personal Information it processes. However, please also remember that Virtunet Systems cannot guarantee that the internet itself is 100% secure. Although Virtunet Systems will do its best to protect your Personal Information, transmission of Personal Information to and from the Website is at your own risk. You should only access the Website and Services within a secure environment.
Virtunet Systems does not knowingly collect Personal Information from or market to children under 18 years of age. By using the Website, you represent that you are at least 18 or that you are the parent or legal guardian of such a minor and consent to such minor dependent’s use of the Website. If Virtunet Systems learns that Personal Information from users less than 18 years of age has been collected, it will deactivate the account and take reasonable measures to promptly delete such data from Virtunet Systems’ records. If you become aware of any data Virtunet Systems may have collected from children under age 18, please contact us as outlined in Section 13, below.
12. RIGHTS OF EU USERS UNDER THE GDPR
Virtunet Systems complies with the principles of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR”). If you are a natural person of the EU within the meaning of the GDPR (“Qualified Individual”), you have rights that allow you greater access to and control over your Personal Information. Such rights include:
- Right of Confirmation. You may obtain confirmation of whether or not your Personal Information is being processed.
- Right of Access. You may obtain information about your stored Personal Information at any time and a copy of this information.
- Right to Rectification. You may request the rectification of any inaccurate Personal Information. Taking into account the purposes of the processing, you have the right to have inaccurate or incomplete Personal Information completed or deleted, by means of first appropriately identifying yourself and then providing a supplementary statement.
- Right to Erasure (Right to be Forgotten). You may request the erasure of your Personal Information by contacting us, as listed in Section 13 below. Furthermore, if and as applicable, you may delete your account information by accessing your account settings page on the Website or by contacting Virtunet Systems directly. Please note that while any changes you make will be reflected in active user databases within a reasonable time, Virtunet Systems may retain all information you submit for the prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where Virtunet Systems otherwise reasonably believes that it has a legitimate reason to do so, such as for archiving purposes within the public interest.
- Right to Restriction of Processing. As a Qualified Individual, you may have the right to restrict processing where one of the following applies: (a) the accuracy of the Personal Information is contested by the data subject, for a period enabling the controller to verify the accuracy of the information; (b) the processing is unlawful and the data subject opposes the erasure of the Personal Information and requests instead the restriction of the controller’s use of such information; (c) the controller no longer needs the Personal Information for the purposes of processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims; or (d) the data subject has objected to processing pending the verification whether the legitimate grounds of the controller override those of the data subject.
- Right to Data Portability. You may request to receive your Personal Information in a structured, commonly used and machine-readable format. You have the right to transmit this information to another controller without interference. Furthermore, you may have the Personal Information transmitted directly from one controller to another, where technically feasible and where such transmission does not adversely affect the rights and freedoms of others.
- Right to Object and Automated Decision Making. You may object to decisions based solely on automated processing, including profiling, which produces legal effects or similarly significantly affects you, as long as the decision is not (a) necessary for entering into, or the performance of, a contract between you and Virtunet Systems; (b) authorized by EU or Member State law to which You are subject; or (c) based on the data subject’s explicit consent.
- Right to Object to Processing. You may object to the processing of your Personal Information unless there are legitimate grounds for the processing within the public interest, or for the establishment, exercise, or defense of legal claims. If Virtunet Systems processes Personal Information for direct marketing purposes, you shall have the right to object at any time to the processing of your Personal Information for such purposes. This right also applies to profiling to the extent that the processing is related to such direct marketing purposes. If you object to Virtunet Systems processing your Personal Information for direct marketing purposes, then Virtunet Systems will no longer process the Personal Information for such purposes.
To exercise any of the preceding rights as a Qualified Individual, please contact us as outlined in Section 13, below.
Data Controller. If and when Virtunet Systems receives your Personal Information directly from you via its Website or Services, it performs the functions of a ‘data controller’, as defined by the GDPR, and has the ability to determine how Personal Information is collected, for what purposes, and how this data is to be processed. As the data controller, Virtunet Systems has implemented many technical and operational measures to ensure the most complete protection of Personal Information processed through its Website and Services.
Legal Basis for Processing. Article 6(1)(a) of the GDPR serves as the legal basis for processing operations for which Virtunet Systems obtains consent for a particular purpose. If the processing of Personal Information is necessary for the performance of a contract to which You are a party, as is the case, for example, when processing operations are necessary to provide a service, the processing is based on Art. 6(1)(b). The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning Virtunet Systems Services. If Virtunet Systems is subject to a legal obligation by which processing of Personal Information is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1)(c). If the processing of Personal Information may be necessary to protect your vital interests or that of another Qualified Individual, then the processing is based on Art. 6(1)(d). Finally, processing operations could be based on Art. 6(1)(f) if processing is necessary for the purposes of the legitimate interests pursued by Virtunet Systems or by a third party, except where such interests are overridden by your fundamental rights and freedoms under the GDPR.
If Virtunet Systems relies on your consent to process your Personal Information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal. To withdraw your consent, please contact us as listed below.
13. PRIVACY-RELATED INQUIRY OR COMPLAINT
If you have an inquiry or complaint concerning Virtunet Systems’ use of your Personal Information, please reach out to us, as follows:
Virtunet Systems LLC.
Email: [email protected]
ATTN: Privacy Inquiry/Complaint
Mailing Address: Virtunet LLC, 1900 S Norfolk St, Ste 350, San Mateo CA 94403, USA.
Virtunet Systems is committed to cooperate with the panel established by the EU Data Protection Authorities (“DPA”) with regard to unresolved Privacy Shield Complaints concerning data transferred from the EU. If you are a Qualified Individual, you may lodge a free complaint with the DPA in the country where you reside if you are unsatisfied with how your complaint is handled by Virtunet Systems. If you are a Qualified Individual, you can find your DPA by visiting the European Commission Website on Data Protection Authorities, selecting the country in which you reside, and following the links provided to make a complaint.
14. EU-US PRIVACY SHIELD POLICY