Last Updated: May 25, 2018
Agreement to Terms
By accessing or using any website (including www.visione.com or www.gabisolutions.com) or page which links to these Terms (“Website”), you agree to be bound by the Terms and to comply with applicable laws, including export control laws and regulations. Vision-e offers Software-as-a-Service, Apps, and other products (“Service”) pursuant to a separate manually or digitally-executed Subscription Agreements.
The Website contains a variety of information and resources including, but not limited to, product descriptions, text, images, photographs, documents, testimonials, logos, diagrams, reports, software, download areas, communication forums, Web Services Application Program Interface information (“APIs”) and other tools (collectively the “Materials”).
If you do not agree to these Terms, do not use the Website or any Materials contained therein. GDPR Notice To the extent that Vision-e is a Processor of Personal Data that is subject to certain EU General Data Protection Law and other similar laws (each as defined in the applicable Subscription Agreement), the EU Data Processing Exhibit accompanying the applicable Subscription Agreement shall apply.
You understand and agree that you are responsible for maintaining the confidentiality of your account passwords. You agree that you will be solely responsible to Vision-e for all activities that occur under your account. You agree to notify Vision-e immediately of any unauthorized use of, or other security breach related to, your account.
The Materials are protected by copyright, trademark, patent, and other applicable laws. No license or other rights are granted except as expressly stated in these Terms. Unless otherwise stated herein, you may use the Materials solely for informational and noncommercial purposes. Unless expressly authorized by Vision-e or otherwise permitted by law, you may not copy, publish, display, distribute, alter or make derivative works of any Materials. You may not remove, alter, or obscure any proprietary notices on any Materials. Products mentioned in the Materials may not be generally available in your geographical country or region. Product descriptions are subject to change at Vision-e’s discretion.
You are entirely responsible for anything that you upload, post, display, or otherwise transmit to or via the Website, including, but not limited to, software code, articles, feedback, or suggestions (“Submission”). You agree that you own all rights in and to any Submission, or that you have obtained the necessary rights and/or permissions to make the Submission. Each Submission must comply with the applicable acceptable use policy. You give Vision-e, its affiliated companies and sublicensees a perpetual, irrevocable, transferable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any Submission. Vision-e is under no obligation to post or use any Submission, and Vision-e may remove any Submission at any time in its sole discretion. If you believe your copyrighted material has been posted on any Website without your permission, please see our Notice and Takedown Policy.
If APIs are available on the Website without a separate license agreement, Vision-e hereby grants you a non-exclusive, non-sublicensable, non-transferable limited license to use the APIs exclusively for the benefit of Vision-e Customers. You assume all liability as a result of any use of the APIs. Vision-e makes no commitment to continued availability of APIs and you have no rights to version enhancement or
support of any kind. Vision-e may revise or cease to provide APIs without notice at any time in Vision-e’s sole discretion. NOTWITHSTANDING THE FOREGOING, COPYING OR REPRODUCTION OF THE APIS FOR FURTHER REDISTRIBUTION IS EXPRESSLY PROHIBITED.
Any software downloaded from the Website for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227- 19, as applicable. Manufacturer is Vision-e Inc., 6110 Stoneridge Mall Road, Pleasanton, CA 94588, USA.
Vision-e is not responsible for any third-party content or linked websites provided on the Website. The provision of any link does not imply Vision-e’s endorsement of the website and is provided only as a convenience.
Term & Termination
This Agreement shall be effective commencing on the date hereof and shall continue in force for an initial term of one (1) year. Unless terminated earlier as provided herein, this Agreement shall continue to renew automatically for additional one year terms unless either party provides thirty (30) days prior written notice to the other party prior to the end of the initial or any renewal term. This Agreement may be terminated by either party for material breach if the breaching party fails to cure such failure within the forty-five (45) day period following delivery of notice of the same.
DISCLAIMER OF WARRANTY
USE OF THE WEBSITE AND OF ANY MATERIALS ARE AT YOUR OWN RISK. ALL MATERIALS ARE PROVIDED “AS IS”, WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. VISION-E EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, VISION-E MAKES NO WARRANTY OR GUARANTEE THAT THE WEBSITE OR ANY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THESE EXCLUSIONS OF WARRANTIES WILL APPLY TO YOU TO THE FULLEST EXTENT ALLOWED BY LAW.
LIMITATION OF LIABILITY IN NO EVENT WILL VISION-E BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE WEBSITE OR USE OF THE MATERIALS, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE WEBSITE. THIS EXCLUSION AND WAIVER OF LIABILITY INCLUDES, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF DATA, EVEN IF VISION-E IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, NO MATTER THE LEGAL THEORIES, AND WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
These Terms govern your use of the Website and constitute the entire legal agreement between you and Vision-e relating thereto. Additional or different terms, conditions, and notices may apply to specific components of Materials offered through the Website. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms. Please see the applicable agreement or notice. Vision-e reserves all rights not expressly granted under these Terms, including intellectual property rights, and no other rights are granted under these Terms by implication or estoppel or otherwise. Vision-e may update these Terms from time to time. Vision-e will change the Last Updated date at the bottom of these Terms when it does so. It is your responsibility to check these Terms regularly. Vision-e’s failure to enforce any legal right or remedy contained in these Terms or applicable law shall not be deemed a formal waiver of those rights or remedies and those rights or remedies will still be available to Vision-e. If a court of competent jurisdiction deems any provision of these Terms invalid, the remaining provisions of these Terms will be unaffected. Except where otherwise required by law, any legal matter arising from these Terms shall be governed by the laws of the State of New Jersey without regard to its conflict of laws provisions and you agree to submit to the jurisdiction of the courts of Alameda County, New Jersey. You acknowledge that Vision-e may apply for injunctive remedies in any jurisdiction. There are no third party beneficiary rights under these Terms.
How to Contact Us about Information Practices
If you have any questions about our information practices, please contact us by sending an email with your questions to firstname.lastname@example.org or by writing to us at: Vision-e, General Counsel and Chief Cybersecurity Officer, 19 Gloria Lane, Fairfield, NJ 07004.
© 2018 Vision-e, Inc. All rights reserved. Vision-e and the Vision-e logo are trademarks of Vision-e, Inc, registered in the United States and elsewhere.
All other brand and product names are trademarks or registered trademarks of their respective holders.
Last Updated: May 25, 2018
when you visit our websites – www.Vision-e.com and www.gabisolutions.com (collectively, “Sites”); or
when you use our SaaS application voice platform (i.e., Gabi Go and Gabi Voice), tools, mobile applications, and related services (together with the Sites, the “Services”).
COLLECTION OF PERSONAL INFORMATION
“Personal Information” is any information relating to an identified or identifiable natural person. The Personal Information that we collect from you may include:
postal address (including personal, business, billing, and shipping addresses);
email address (personal and business);
where you correspond with us, any information included in your signature block or that is contained in the correspondence; and
credit card payment information.
We collect Personal Information when you provide it directly to us, when third parties such as business partners or service providers provide it to us, or when Personal Information is automatically collected when you use our Services.
BILLING AND PAYMENT INFORMATION
At times you may provide billing information to use our Services. For customers who pay by credit card, we do not store any payment card data ourselves. All payment card data is collected, used, and stored by our payment processors.
For customers who provide us billing and payment information outside of credit cards, we collect, use, and store that information to provide you Services. We also maintain a record of subscriptions, invoices, and payments to that we can account for past and future billing and payment transactions. We do this to comply with our legal and contractual requirements, and will keep such information for as long as is necessary to comply with those obligations.
USE OF PERSONAL INFORMATION
We may use your Personal Information in the following circumstances:
when we need to perform activities related to a contract we are about to or have entered into with you, which allows us to provide the Services to you;
when it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those legitimate interests;
if you have already made the information public;
to comply with a legal obligation; or
if you have given your consent.
We may also need to process Personal Information if necessary to protect the vital interests of you or another individual, or if it is necessary for a task carried out in the public interest. Specifically, we may use your Personal Information for our legitimate business purposes, which include the following circumstances:
to provide our Services to you or to your organization as our client, and to secure access to those Services;
to perform a contract we are about to or have entered into with you or your organization as our client;
to provide you with notifications and updates relating to our Services;
to provide you with Company announcements, our newsletter, other marketing materials, and facilitating social sharing;
to perform internal record keeping and process billing and payments;
to provide technical support for the Services, and to improve our products and services;
to accomplish our business purposes, including data analysis, audits, fraud and security monitoring, identifying usage trends, determining the effectiveness of our marketing and promotions, operating and expanding our business activities; or
when you contact us with a technical question about the Services.
The particular “legitimate interests” upon which we rely in processing your Personal Information include the following:
For purposes of providing the Services to our customers: this includes using and/or obtaining information for purposes of enrolling in trial-based or subscription-based products and services, providing content and information to our customers, and providing customer support;
For the purposes of marketing our services: this includes using your information for the purposes of promoting our business to you, if you request information about our products and services or indicate that you have an interest in receiving communications on products and services, if you respond to invitations to events, or if you comment on our blogs or social networks.
You have the right to ask us not to process your Personal Information for marketing purposes. You can exercise your right to prevent such processing at any time by contacting us as set forth below in the “Contacting Us” section.
For the functioning of our business and its operations: this includes using your Personal Information in the course of operating our business, collecting payments from customers, facilitating a business sale, acquisition or restructuring, or for seeking external legal advice.
The Services include publicly-accessible areas including blogs. Any information you provide in the publicly-accessible areas may be read, collected, and used by others who access them. If you elect to post something in a public area of our Services, any Personal Information or content that you voluntarily disclose for posting to the Services, becomes available to the public, as controlled by any applicable privacy settings. If you remove information that you posted to these areas of the Services, copies may remain viewable in cached and archived pages of the Services, or if other Users have copied or saved that information. To request removal of your Personal Information from our blogs or community forums, contact us at email@example.com. We will undertake efforts to comply with your request as soon as practicable and as required by law.
INFORMATION WE RECEIVE FROM THIRD PARTY SOURCES
Third party service providers may provide us with Personal Information about you, including:
when you use a third party service (e.g., Slack, Google, Salesforce, Office 365) to log-in to our Services, or if you share content from our Services through a third party social media service, and
if you visit our Sites and your email or other identifying data is known from interactions with our own Sites or with other sites, then our third-party service providers may supply additional information to us, associated with your usage history. This information could include your name, social media user id(s), profiles, and any information that you have permitted those third parties to share with us.
We process this information in order to better understand our Sites’ users and improve our Services, and use it for direct marketing purposes. We also process this information to permit you to seamlessly use our Services through the use of other platforms.
We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.
The Services allow users to connect to third-party applications (e.g., Salesforce), to pull data periodically or on-demand from those applications into Vision-e’s servers, and to pass data from the Services onward to other third-party applications.
These transfers are done only at the initiation of, and under the sole control of, Vision-e users. Therefore, Vision-e conducts such transfers solely on behalf of a Vision-e user, notwithstanding that these transfers may contain Personal Information, and may cross international borders.
Vision-e does not control the privacy practices of applications to or from which a user may transfer data. Note that Vision-e may use automated tools to examine Customer Data in aggregate, in order to improve the Service.
LINKS TO OTHER WEBSITES
Our Sites may contain links to other websites of interest. However, once you have used these links to leave our Sites, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites and such websites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
OPTION TO DISCONTINUE MARKETING-RELATED EMAILS
If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out by following the unsubscribe instructions in any such message or by contacting us by email at privacy@Visione.com. We will undertake efforts to comply with your request as soon as reasonably practicable and as required by law. Please note that if you choose to discontinue receiving marketing-related emails from us, we may still send you important administrative messages, which you cannot elect to discontinue.
DATA PRIVACY INQUIRIES AND ACCESS TO PERSONAL INFORMATION
If you believe the Personal Information we have for you is inaccurate, incomplete, or no longer current, please contact us at firstname.lastname@example.org so that we can update, remove or correct the information as appropriate. If you are in one of the following countries and accessing our Sites or using our Services, you can access, change, or delete your Personal Information: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom. If you would like to request to review, correct, update, suppress, object, restrict, or delete Personal Information that you have previously provided to us, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent these rights are provided to you by applicable law), you may contact us by email at email@example.com. We will respond to your request consistent with applicable law.
In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity and obtain other relevant information before implementing your request. We will undertake our best efforts to comply with your request as soon as reasonably practicable and as required by law.
USE OF SERVICES BY MINORS
The Services offered by Vision-e are not directed to individuals under the age of eighteen (18), and we do not knowingly collect Personal Information from individuals under 18 for those services. We do not market our Services to individuals under 18.
Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers. By using the Services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your Personal Information. Some of the non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here [EMBED LINK: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en]). For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as the use of standard contractual clauses adopted by the European Commission to protect your Personal Information. You may obtain a copy of these measures by clicking here [EMBED LINK: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en].
We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:
the length of time we have an ongoing relationship with you and provide the Services or related products or services to you (for example, for as long as you have an account with us or keep using the products or services);
whether there is a legal obligation to which we are subject (for example, certain laws may
require us to keep records for a certain period of time before we can delete them); or
whether retention is advisable in light of our legal position (such as in regard to applicable litigation or regulatory investigations).
THIRD PARTY SERVICES
In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, Twitter, Apple, Google, Microsoft, LinkedIn, or any other application developer, application provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with our social media.
We do not collect, and specifically request that you not send us or disclose to us, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religious, philosophical, or other beliefs, information related to sex life or sexual orientation, health data, biometric or genetic characteristics, criminal convictions and offenses, or trade union membership) on or through the Sites or otherwise to us.
If you have a complaint about our handling of your personal data, we would appreciate the opportunity to address your concerns directly and before you approach a regulator.
General Counsel and Chief Cybersecurity Officer
19 Gloria Lane
Fairfield, NJ 07004
Because email communications are not always secure, please do not include any sensitive information in your emails to us.
ADDITIONAL INFORMATION REGARDING THE EEA
You may lodge a complaint with a data protection authority for your country or region, or where an alleged infringement of applicable data protection law occurs.
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