If you do not agree with the data practices described in this Policy, you should not use the Website or the Subscription Service.
For the purposes of this Policy, VBOUT wants to introduce new GDPR key definitions:
Personal Data: any information relating to an identified or identifiable natural person ("Data Subject"); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.
Processing: any operation or set of operations performed upon Personal Data or sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Controller: the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of Personal Data; where the purposes and means of processing are determined by EU or Member State laws, the Controller (or the criteria for nominating the Controller) may be designated by those laws.
Processor: a natural or legal person, public authority, agency or any other body, which processes Personal Data on behalf of the Controller.
Any information stored on VBOUT’s platform is treated as confidential. All information is stored securely and accessed by authorized personnel only. VBOUT implements and maintains appropriate technical, security and organizational measures to protect Personal Data against unauthorized or unlawful processing and use, and against accidental loss, destruction, damage, theft or disclosure.
Identification of the controller and data processor
Current European Data Protection Law distinguishes between the Controller and the Processor of the information. In general, the Client is the Controller of the Customer Data. As a general rule, VBOUT is the Client's Processor which processes Customer’s Personal Data on behalf of the Client.
VBOUT complies with the EU - U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred from the European Union and Switzerland to the United States. VBOUT has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms of this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
VBOUT is responsible for the processing of Personal Data it receives, under each Privacy Shield Framework, and subsequently transfers to a Third Party (“Third Party”) acting as an agent on its behalf. VBOUT complies with the Privacy Shield Principles for all onward transfers of Personal Data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to Personal Data received or transferred pursuant to the Privacy Shield Frameworks, VBOUT is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.
Under certain circumstances, VBOUT may be required to disclose Personal Data in response to lawful requests by public authorities, including meeting national security or law enforcement requirements.
Any questions or complaints about our compliance with the Privacy Shield may be addressed to firstname.lastname@example.org. Alternatively, Clients or Customers who do not receive timely acknowledgment of their complaint from us, or if they believe that we have not addressed their complaint to their satisfaction, they may contact or visit TrustArc’s complaint handling page for more information or to file a complaint. The services of TrustArc are provided at no cost to them.
Under certain situations, more fully described on the Privacy Shield website, they may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
If a visitor is from the European Territories (European Economic Area and Switzerland), our legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which we collect it.
However, we will normally collect Personal Data from our Clients or their Customers where the processing is in our legitimate business interests to, for example, administer our platforms and services and fulfill our contractual obligations as a service provider. Personal Data is used to improve the content of our Web pages and the quality and maintenance of our Services in order to provide a tailored experience of our Website and Services.
Our legal basis for processing Personal Data in certain circumstances will also be based on the consent Data Subject to do so or where we need the Personal Data to perform a contract or enter into a contract with them. In some cases, we may also have a legal obligation to collect Personal Data from Data Subjects.
VBOUT legitimate interest to process Personal Data is balanced against our Client’s and their Customer’s data protection rights and freedoms.
VBOUT may collect and receive Client or Customer Data in several ways:
Customer data. Customers and individuals to whom a Client grants access to a Website embedded with our Marketing Software routinely send Customer Data to VBOUT when using the Services.
Customer who may decide to sign for Client services or newsletter or products provides VBOUT with an email address, a phone number, a password, a domain and/or any other details of similar accounts. Furthermore, Clients who purchase our Services will provide us with billing information, home or working address as well as credit card and banking information.
In such cases, VBOUT servers collect information automatically when Customers access or use the Website or Services and collect them in log file format. Information may include the Internet Protocol (IP) address, the address of the web page Customers has visited before using the Website or Services, the type of browser and its configuration, the date and time they used the Services, information about browser settings and plugins, as well as language preferences and cookie information.
VBOUT collects information about the devices that access the Services, including the type of device, operating system used, device configuration, application IDs, unique device identifiers, and failure data. Whether or not all or part of this information is collected often depends on the type of device used and its configuration.
VBOUT receives information that helps us estimate Customer’s location. We can use an IP address received through the Customer’s browser or device to determine their approximate location. VBOUT may also collect information on the location of devices according to the consent process provided by the Customer’s device.
VBOUT contracts with Third Parties (companies and people) to provide services to our Clients and their Customers and may need to share information with them to provide information, products or services to them. In general, Third Party Services are software that integrates with our Services and they may share information with VBOUT. For example, if a cloud storage application has been activated to import files into a Landing Page, VBOUT may receive the username and email address of the user.
Third Party may also receive
several information from organizations, industries, website visitors, marketing campaigns, affiliates, and subsidiaries. VBOUT may combine data collected with the previous information and collect new information about the relationship between IP addresses and postal codes or countries.
Sharing Personal Information
Personal Data is not shared with or sold to other organizations for commercial purposes, except to provide products or services Clients or Customers have requested. However, under the following circumstances, it might be possible to share Personal Data:
In order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service, or as otherwise required by law.
To comply with applicable legislation. If we receive a request for information, we may disclose Information if we believe it is reasonable to disclose this information in accordance with the requirements of applicable legislation, regulations and legal procedures.
During a change in VBOUT activity. VBOUT may participate in a merger, acquisition, bankruptcy, dissolution, reorganization, financing, a public offering of securities, acquisition of all or part of our company. Then, in measures that contemplate such activities (for example, due diligence), some or all of Personal Data may be shared or transferred, in accordance with standard confidentiality agreements.
Using Personal Information
The Website is not intended for or targeted at children under 13 and we do not knowingly or intentionally collect information about children under 13. If you believe that we have collected information about a child under 13, please contact us at email@example.com, so that we may delete the information.
Client’s and Customer’s testimonials on our Website are pre-approved by them as they might contain personal information. We obtain each Client’s or Customer's consent via email prior to posting their names and testimonials.
VBOUT Clients use the Subscription Service to build webpages that their Customers can visit to learn more about their business. VBOUT does not control the content of these webpages or the information that is gathered and managed by its Customers. That information belongs to them and is used, disclosed and protected by them according to their own privacy policies which are independent of VBOUT’s Policy.
VBOUT acknowledges the right of its Clients’ and their Customers to access their Personal Data stored on its platform, which can be amended, deleted or updated at any time.
Clients and Customers who provide us with their personal information should be informed of the following rights that they may exercise at any time:
Right of access – The right to obtain from the Controller confirmation as to whether or not their Personal Data is being processed.
Right of rectification – The right to obtain from the Controller, without undue delay, the rectification of inaccurate Personal Data concerning them.
Right to erasure – The right to obtain from the Controller the erasure of their Personal Data without undue delay.
Right to the restriction of processing – The right to obtain from the Controller restriction of processing their Personal Data.
Right to object – The right to object at any time to the processing of their Personal Data.
The aforementioned rights are not absolute. The exercise of Data Subject rights must meet precise conditions included in the General Data Protection Regulation.
In order to exercise the previous rights, requests must be sent directly to the Controller. Once it receives the request, VBOUT will process the request on behalf of the Controller.
VBOUT may modify this Policy at any time. Legislation, regulations and industry standards evolve, so these changes may be necessary; or maybe they could be due to changes in our activity. We will post the changes on this page and encourage you to review our Policy to stay informed. Should we implement changes that substantially alter your privacy rights, VBOUT will provide additional notice. If you do not agree with the changes in this Policy, you will be unable to properly use VBOUT Services and Website.
VBOUT takes the security of its Clients and Customers’ data very seriously. VBOUT strives to protect the other information that they provide us with loss and misuse, as well as against unauthorized disclosure or access. These measures take into account the sensitivity of information we collect, process and store, as well as the state of current technology. VBOUT uses industry leading 256-bit SSL encryption to keep any information collected and/or transmitted to our Website or Third-Party apps secure. Furthermore, Personal Data we collect are anonymized or at least pseudonymized.
VBOUT will keep the Client Data in accordance with the Client's instructions, including any terms applicable in the Agreement with the Customer and in the use of the functionality of the Services by the Client, as well as in accordance with the provisions of the applicable legislation.
We will retain any Personal Data for a period of time consistent with the original purpose of collection, including to pursue our legitimate business interests, comply with our legal obligations, resolve disputes and enforce applicable agreements.
The Controller has the duty of limiting the period for which Personal Data is stored. The Controller will periodically review and evaluate that time period in order to respect data privacy expectations.
Any questions, concerns, or complaints regarding this Privacy Notice or the way we collect and handle your information as a Processor, please contact our Data Protection Officer (DPO) by email at firstname.lastname@example.org.
VBOUT will take any privacy complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner.