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Terms of Service

Date of Last Revision: June 18, 2021

1. Introduction.

1.1 Members and Visitors

When you register and join the Vitay Service, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”

1.2 Change

We may modify this Contract, our Privacy Policy and our Cookies Policies from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

2. Obligations

2.1 Service Eligibility

The Services are not for use by anyone under the age of 16.

To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one Vitay account, which must be in your real name; and (3) you are not already restricted by Vitay from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.

“Minimum Age” means 16 years old. However, if law requires that you must be older in order for Vitay to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

3. Rights and Limits

3.1 GDPR

Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

  • Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
  • Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
  • Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
  • Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
  • Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
  • Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Your Rights under the GDPR

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.

You have the right under this Privacy Policy, and by law if You are within the EU, to:

  • Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
  • Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.
  • Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
  • Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
  • Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
  • Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.

Exercising of Your GDPR Data Protection Rights

You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.

You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.

3.2 FCRA Compliance

The information collected by us is for the purposes outlined in these terms of service.

The information obtained in any reports will be used for no other purposes except those identified in these terms of service.

Vitay Technologies Inc. complies with the FCRA’s disclosure requirements and with the FCRA’s pre- and post-adverse action requirements and any data obtained by us will not be used in violation of any equal opportunity laws.

On request, we will disclose to consumers that our reports will be or have been requested, and will provide the nature and scope of the investigation to the consumer upon request.

4. Vitay “Dos and Don’ts”

4.1. Dos

You agree that you will:

– Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

– Provide accurate information to us and keep it updated;

-Use your real name on your profile; and

– Use the Services in a professional manner.

4.2. Don’ts

You agree that you will not:

– Create a false identity on Vitay, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;

– Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;

– Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);

– Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Vitay;

– Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));

– Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;

– Violate the intellectual property or other rights of Vitay, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “Vitay” or our logos in any business name, email, or URL;

– Post anything that contains software viruses, worms, or any other harmful code;

– Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;

– Imply or state that you are affiliated with or endorsed by Vitay without our express consent (e.g., representing yourself as an accredited Vitay trainer);

– Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Vitay’s consent;

– Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without Vitay’s consent;

– Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;

– Monitor the Services’ availability, performance or functionality for any competitive purpose;

– Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;

– Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);

– Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or

– Violate the Professional Community Policies or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.

5. Complaints Regarding Content

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. If you want to send us notices or service of process, please contact us at hello@vitay.io.