Privacy Policy

This PIT Labs License Agreement (the “Agreement”) is by and between PIT Labs Inc. (aka vBase, aka validityBase, aka vBase.com), a Delaware corporation, with its principal offices at 224 W. 35th St. Suite 500 #577, New York, NY 10001 (“PIT Labs”), and users of the Services (as defined below) (“you” or “your”), and is made as of the date on which you first access the Services (“Effective Date”), (each, a “party,” and together, the “parties”).

This Privacy Notice is designed to help you understand how we collect, use, process, and share your personal information, and  to help you understand and exercise your privacy rights.

1. 1. SCOPE AND UPDATES TO THIS PRIVACY NOTICE
   2. PERSONAL INFORMATION WE COLLECT
   3. HOW WE USE YOUR PERSONAL INFORMATION
   4. HOW WE DISCLOSE YOUR PERSONAL INFORMATION
   5. YOUR PRIVACY CHOICES AND RIGHTS
   6. SECURITY OF YOUR INFORMATION
   7. INTERNATIONAL DATA TRANSFERS
   8. RETENTION OF PERSONAL INFORMATION
   9. SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS
   10. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS
   11. CHILDREN’S INFORMATION
   12. OTHER PROVISIONS
   13. CONTACT US

1. SCOPE AND UPDATES TO THIS PRIVACY NOTICE

This Privacy Notice applies to personal information processed by us, including on our websites, services, and other online or offline offerings (collectively described as the “Services”). Unless specifically described herein, this Privacy Notice does not apply to personal information that our customers provide in using our Services (“Customer Data”), which is instead governed by the customer’s respective privacy policies regarding their collection and use of Customer Data. Our  processing of Customer Data is governed by the contracts that we have in place with our customers, not this Privacy Notice. Any questions or requests relating to Customer Data should be directed to the relevant customer’s legal or privacy team.

Changes to our Privacy Notice. We  may revise  this  Privacy Notice from time  to  time  in  our sole discretion. If there are any material changes to this Privacy Notice, we will notify you to the extent required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Notice if you continue to use our Services after the new Privacy Notice takes effect.

2. PERSONAL INFORMATION WE COLLECT

The categories of personal information we collect depend on how you interact with us, our Services, and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.

A. Personal Information You Provide to Us Directly

We may collect personal information that you provide to us, including the following as applicable:

• Account Creation. We may collect personal information when you create an account, such as name, email address, username(s), and professional details.
• Purchases. We may collect personal information and details associated with your purchases, including payment information. Any payments made via our Services are processed by third- party payment  processors.  We do not  directly collect or  store  any payment  card  information entered through our Services, but we may receive information associated with your payment (e.g., name, billing address).
• Your Communications with Us. We may collect personal information, such as email address, phone number, or mailing address when you request information about our Services, register for our newsletter or educational programs or other offerings, request customer or technical support, or otherwise communicate with us.
• Surveys. We may contact you to participate in surveys. If you decide to participate, we may collect personal information from you in connection with the survey.
• Interactive Features. We and others who use our Services may collect personal information that you submit or make available through our interactive features (e.g., messaging and chat features, commenting   functionalities,   forums,   blogs,   and   social   media   pages).   Any   information   you provide  using the  public  sharing features  of  the  Services  will  be  considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein.
• Sweepstakes or Contests. We may collect personal information you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners.
• Conferences, Trade Shows, and Other Events.  We  may  collect personal   information  from individuals when we attend or host conferences, trade shows, hackathons, socials or happy hours, and other events.
• Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
• Job Applications. We may post job openings and opportunities. If you respond to one of these postings, we may collect your personal information, such as your application, CV, cover letter, and/or any other information you provide to us.

B. Personal Information Collected Automatically

We may collect personal information automatically when you use our Services.

• Automatic   Collection   of   Personal   Information.   We   may   collect   certain   information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived   from   IP address),  and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services.
• Cookie Policy (and Other Technologies).  We, as well as third parties that provide content, advertising, or other functionality on our Services,  may use cookies, pixel tags, and other technologies   (“Technologies”) to automatically collect information through your use of our Services.
• Cookies. Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.
• Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.

Our uses of these Technologies fall into the following general categories:

• Operationally Necessary. This includes Technologies that allow you access to our Services, applications,   and   tools   that   are   required   to   identify   irregular   website behavior, prevent fraudulent activity, improve security, or allow you to make use of our functionality;
• Performance-Related. We may use Technologies to assess the performance of our Services, including analytics to help us understand how individuals use our Services (see Analytics below);
• Functionality-Related.   We   may   use   Technologies   that   allow   us   to   offer   you enhanced   functionality   when   accessing   or   using   our   Services.   This   may   include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
• Advertising- or Targeting-Related.   We   may   use   first   party   or   third-party Technologies to   deliver   content,   including   ads   relevant   to   your   interests,   on   our Services or on third-party digital properties.
• See “Your Privacy Choices and Rights” below to understand your choices regarding these Technologies.
• Analytics. We may use Technologies and other third-party tools to process analytics information on our Services. These Technologies allow us to better understand how our digital Services are used and to continually improve and personalize our Services.  Some of our analytics partners include:
• Google Analytics.   For   more   information about  how Google   uses   your personal information (including for its own purposes, e.g., for profiling or linking it to other data),  please visit  Google Analytics’ Privacy Policy. To learn   more   about how  to opt-out of Google Analytics’ use of your information, please click here.

C. Personal Information Collected from Other Sources

Third-Party Services and Sources. We may obtain personal information about you from other sources, including through third-party services and organizations.  For example, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect personal information about you from that third-party   application that you have made available via your privacy settings.

3. HOW WE USE YOUR PERSONAL INFORMATION

We use your personal information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.

A. Provide Our Services

We use your information to fulfil our contract with you and provide you with our Services, such as:

• Managing your information and accounts;
• Providing access to certain areas, functionalities, and features of our Services;
• Answering requests for customer or technical support;
• Communicating with you about your account, activities on our Services, and policy changes;
• Processing your financial information and other payment methods for products or Services purchased;
• Processing applications if you apply for a job we post on our Services; and
• Allowing you to register for educational programs or other events, offerings, programs, or communities.

B. Administrative Purposes

We use your information for various administrative purposes, such as:

• Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
• Detecting security incidents, protecting against malicious deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
• Measuring interest and engagement in our Services;
• Improving, upgrading, or enhancing our Services;
• Developing new products and services;
• Ensuring internal quality control and safety;
• Authenticating   and   verifying   individual   identities,   including   requests   to   exercise   your   rights under this Privacy Notice;
• Debugging to identify and repair errors with our Services;
• Auditing relating to interactions, transactions, and other compliance activities;
• Sharing personal information with third parties as needed to provide the Services;
• Enforcing our agreements and policies; and
• Carrying out activities that are required to comply with our legal obligations.

C. Marketing and Advertising our Products and Services

We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law.

Some of the ways we may market to you include email campaigns, text messages, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking.

If you have any questions about our marketing practices, you may contact us at any time as set forth in “Contact Us” below.

D. With Your Consent

We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.

E. Other Purposes

We   also   use   your   personal   information   for   other   purposes   as   requested   by   you   or   as   permitted   by applicable law.

• De-identified and Aggregated Information. We may use personal information to create de-identified and/or aggregated information, such as information about the device from which you access our Services, or other analyses we create.

4. HOW WE DISCLOSE YOUR PERSONAL INFORMATION

We disclose your personal information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.

A. Disclosures to Provide our Services

The categories of third parties with whom we may share your personal information are described below.

• Service Providers. We may share your personal information with our third-party service providers and vendors that assist us with the provision of our Services. This includes service providers and
  vendors   that   provide   us   with   IT   support,   authentication,   security,   hosting,   payment   processing, analytics, alerting, customer service, and related services.
• Third-Party Services You Share or Interact With.  Certain   features and   functionalities   of   the Services may link to or allow you to interface, interact, or share information with, access and/or use third-party websites, services, products, and technology (collectively, “Third-Party Services”). Any information shared with or otherwise collected by a Third-Party Service may be subject to the Third-Party Service’s privacy policy. We are not responsible for the processing of personal information by Third-Party Services.
• Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information with
  business partners with whom we jointly offer products or services.
• Affiliates. We may share your personal information with our company affiliates, if any.
• Advertising Partners. We may share your personal information with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to   collect   information   regarding   your   activities   and   your   device   (e.g.,   your   IP   address,   cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and   similar   information   collected   from   other   services)   for   purposes   of   delivering   personalized advertisements   to   you   when you visit digital properties within their networks.   This practice is commonly referred to as “interest-based advertising” or “personalized advertising.”
• APIs/SDKs. We may use or offer third-party application program interfaces (“APIs”) and software development kits (“SDKs”) as part of the Services. For more information about our use of APIs and SDKs, please see https://docs.vbase.com/.

‍B. Disclosures to Protect Us or Others

We may access, preserve, and disclose any information associated with you to external parties if we, in good  faith,  believe  doing so is required or  appropriate  to:  comply  with law enforcement or  national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property,   or   safety;   enforce   our   policies   or   contracts;   collect   amounts   owed  to  us;   or   assist   with  an investigation or prosecution of suspected or actual illegal activity.

C. Disclosure in the Event of Merger, Sale, or Other Asset Transfers

If   we   are   involved   in   a   merger,   acquisition,   financing   due   diligence,   reorganization,   bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.

5. YOUR PRIVACY CHOICES AND RIGHTS

Your Privacy Choices.  The   privacy   choices   you   may   have   about   your   personal   information are determined by applicable law and are described below.

• Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email or otherwise by contacting us as forth in “Contact Us” below to opt out of receiving future emails. Note that you will continue to receive transaction- related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to our Terms or this Privacy Notice).
• Text Messages. If you receive an unwanted text message from us, you may opt out of receiving future text messages from us by following the instructions in the text message you have received
  from us or otherwise by contacting us as set forth in “Contact Us” below.
• Phone Calls. If you receive an unwanted marketing phone call from us, you may opt out of receiving future phone calls from us by following the instructions which may be available on the call or otherwise by contacting us as set forth in “Contact Us” below.
• “Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

Cookies and Personalized Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits.
However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of
personalized   advertisements   on   some   mobile   applications   by following   the   instructions   for Android, iOS, and others. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada. Please note you must separately opt out in each browser and on each device.

Your Privacy Rights. In accordance with applicable law, you may have the right to:

• Access to and Portability of Your Personal Information, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal
  information; and (iii) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company in a structured, commonly used,
  and machine readable format (also known as the “right of data portability”);
• Request Correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information;
• Request Deletion of your personal information;
• Request Restriction of or Object to our processing of your personal information; and
• Withdraw your Consent to our processing of your personal information. Please note that your withdrawal   will   only   take   effect   for   future   processing,   and   will  not   affect   the   lawfulness of processing before your withdrawal.‍

If you would like to exercise any of these rights, please contact us as set forth in  “Contact Us” below. We will process such requests in accordance with applicable laws.‍

6. SECURITY OF YOUR INFORMATION

We take steps to ensure that your information is treated securely and in accordance with this Privacy Notice. However, we do not warrant or guarantee the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized access, use, disclosure, or loss of personal information.

By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail, or by sending an email to you.‍

7. INTERNATIONAL DATA TRANSFERS

All   information   processed   by   us   may   be   transferred,   processed, and stored anywhere in   the world, including but not limited to the United States or other countries that may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of the applicable laws. If we transfer personal information which originates in the European Economic Area, Switzerland, and/or the United Kingdom to a country that has not been found to provide an adequate level of protection under applicable data protection laws, one of the safeguards we may use to support such transfer is the EU Standard Contractual Clauses.

8. RETENTION OF PERSONAL INFORMATION

We store the personal information we collect as described in this Privacy Notice for as long as you use our Services, or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.  ‍

9. SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS‍

Additional Privacy Rights for California Residents

“Sales” of Personal Information under the CCPA. For purposes of the CCPA, validityBase does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.

Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.

Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To authorize an agent, provide written authorization signed by you and your designated agent and contact us as set forth in “Contact Us” below for additional instructions.

Verification. To protect your privacy, we will take steps to  reasonably verify your identity before fulfilling your request. These steps may involve asking you to provide sufficient information that allows us to   reasonably verify you are the person about whom  we  collected personal information or an authorized representative, or to answer questions regarding your account and use of our Services. If you are a California resident and would like to exercise any of your rights under the CCPA, please contact   us   as   set   forth   in  “Contact   Us”  below.   We   will   process   such   requests in accordance with applicable laws.

De-Identified Information. If we create or receive de-identified information, we will not attempt to reidentify such information, except to comply with applicable law.

10. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS

If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. To the extent applicable, you can exercise this right by contacting us at the email address listed in Contact Us below with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth in Contact Us below.

11. CHILDREN’S INFORMATION

The Services are not directed to children under 16 (or other age as required by local law), and we do not knowingly collect personal information from children. If you are a parent or guardian and believe your child has uploaded personal information to our site without your consent, you may contact us as described in “Contact Us” below. If we become aware that a child   has   provided   us   with   personal   information   in   violation   of   applicable   law,   we   will   delete   any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child’s account, if applicable.

12. OTHER PROVISIONS

Third-Party Websites/Applications. The Services may contain links to other websites/applications and other   websites/applications   may   reference   or   link  to   our   Services.   These   third-party   services   are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen, or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.

Supervisory Authority. If your personal information is subject to the applicable data protection laws of the European Economic Area, Switzerland, or the United Kingdom, you have the right to lodge a complaint with the competent supervisory authority if you believe our processing of your personal information violates applicable law.

• EEA Data Protection Authorities (DPAs)  
• Swiss Federal Data Protection and Information Commissioner (FDPIC)  
• UK Information Commissioner’s Office (ICO)‍

13. CONTACT US

validityBase is the controller of the personal information we process under this Privacy Notice. If you have any questions about our privacy practices or this Privacy Notice, or to exercise your rights as detailed in this Privacy Notice, please contact us at privacy@vbase.com.