LCvista Terms of Use
Version: 1.0.0
Last Updated: November 11, 2020
- Acceptance
These terms of use are entered into by and
between You and LCvista, Inc. (”LCvista,” “we,” or “us”). The following terms and conditions, together
with any documents they expressly incorporate by reference (collectively the
“Terms of Use”), govern your
access to and use of www.lcvista.com, including any content,
functionality, and services offered on or through www.lcvista.com (the
“Services”), whether as a
guest or a registered user.
Please read these Terms of Use carefully before
you start to use the Services. By using the Services or by
clicking to accept or agree to the Terms of Use when this option is made
available to you, you accept and agree to be bound and abide by these Terms
of Use and our Privacy Policy, found at https://lcvista.com/privacy-policy,
incorporated herein by reference. If you
do not want to agree to these Terms of Use or the Privacy Policy, you must
not access or use the Services.
The Services are offered and available to users
who are 18 years of age or older. By using the Services, you represent and
warrant that you are of legal age to form a binding contract with LCvista.
If you are not, you must not access or use the Services.
2.
Changes to the Terms of Use
We may revise and update these Terms of Use from
time to time at our sole discretion. All changes are effective immediately
when we post them, and apply to all access to and use of the Services
thereafter.
Your continued use of the Services following the
posting of revised Terms of Use means that you accept and agree to the
changes. Therefore, we recommend that you check this page from time to time
so you are aware of any changes, as they are binding on you.
3. Accessing the Services and Account Security
We reserve the right to withdraw or amend the
Services, and any services or materials we provide on the Services, in our
sole discretion without notice to you. We will not be liable if for any
reason all or any part of the Services is unavailable at any time or for any
period. From time to time, we may restrict access to some parts of the
Services, or the entire Services, to users, including registered
users.
You are responsible for both:
- Making all
arrangements necessary for you to have access to the Services,
including, but not limited to
- Ensuring that all
persons who access the Services through your internet connection are
aware of these Terms of Use and comply with them.
To access the Services or some of the resources
offered therein, you may be asked to provide certain registration details or
other information. It is a condition of your use of the Services that all
the information you provide on the Services is correct, current, and
complete. You agree that all information you provide to register with the
Services or otherwise, including, but not limited to, through the use of any
interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with
respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name,
password, or any other piece of information as part of our security
procedures, you must treat such information as confidential, and you must
not disclose it to any other person or entity. You also acknowledge that
your account is personal to you and agree not to provide any other person
with access to the Services or portions of it using your user name,
password, or other security information. You agree that it is your
responsibility to maintain the security of your account information.
You agree to notify us immediately of any unauthorized access to or use of
your user name or password or any other breach of security. You also agree
to ensure that you will exit or logout from your account at the end of each
session. You should use particular caution when accessing your account from
a public or shared computer so that others are not able to view or record
your password or other personal information.
We have the right to disable any user name,
password, or other identifier, whether chosen by you or provided by us, at
any time in our sole discretion for any or no reason, including if, in our
opinion, you have violated any provision of these Terms of Use.
4. Intellectual Property Rights
The Services and their entire contents, features,
and functionality (including but not limited to all information, software,
text, displays, images, video, and audio, and the design, selection, and
arrangement thereof) are owned by LCvista, its licensors, or other providers
of such material and are protected by United States and international
copyright, trademark, patent, trade secret, and other intellectual property
or proprietary rights laws.
These Terms of Use permit you to use the Services
for your personal, non-commercial use only, unless you have entered into a
separate agreement with LCvista for the commercial use of the Services. You
must not reproduce, distribute, modify, create derivative works of, publicly
display, publicly perform, republish, download, store, or transmit any of
the material on our Services, except as follows:
- Your computer may
temporarily store copies of such materials in RAM incidental to your
accessing and viewing those materials.
- You may store
files that are automatically cached by your Web browser for display
enhancement purposes.
- You may print or
download one copy of a reasonable number of pages of the Services for
your own personal, non-commercial use and not for further reproduction,
publication, or distribution.
- If we provide
desktop, mobile, or other applications for download, you may download a
single copy to your computer or mobile device solely for your own
personal, non-commercial use, provided you agree to be bound by our end
user license agreement for such applications.
- If we provide
social media
features with certain
content, you may take such actions as are enabled by such
features.
You must not:
- Modify copies of
any materials from this site.
- Delete or alter
any copyright, trademark, or other proprietary rights notices from
copies of materials from this site.
You must not access or use for any commercial
purposes any part of the Services or any services or materials available
through the Services.
If you print, copy, modify, download, or
otherwise use or provide any other person with access to any part of the
Services in breach of the Terms of Use, your right to use the Services will
stop immediately and you must, at our option, return or destroy any copies
of the materials you have made. No right, title, or interest in or to the
Services or any content on the Services is transferred to you, and all
rights not expressly granted are reserved by LCvista. Any use of the
Services not expressly permitted by these Terms of Use is a breach of these
Terms of Use and may violate copyright, trademark, and other
laws.
5. Trademarks
The LCvista name and all related names, logos,
product and service names, designs, and slogans are trademarks of LCvista or
its affiliates or licensors. You must not use such marks without the prior
written permission of LCvista. All other names, logos, product and service
names, designs, and slogans on the Services are the trademarks of their
respective owners.
6. Prohibited Uses
You may use the Services only for lawful purposes
and in accordance with these Terms of Use. You agree not to use the
Services:
- In any way that
violates any applicable federal, state, local, or international law or
regulation (including, without limitation, any laws regarding the export
of data or software to and from the US or other countries).
- For the purpose of
exploiting, harming, or attempting to exploit or harm minors in any way
by exposing them to inappropriate content, asking for personally
identifiable information, or otherwise.
- To transmit, or
procure the sending of, any advertising or promotional material,
including any “junk mail,” “chain letter,” “spam,” or any other similar
solicitation, including using of any portion of the Service as a
destination linked from any unsolicited bulk messages or unsolicited
commercial messages.
- To impersonate or
attempt to impersonate LCvista, a LCvista employee, another user, or any
other person or entity (including, without limitation, by using email
addresses associated with any of the foregoing).
- To engage in any
other conduct that restricts or inhibits anyone’s use or enjoyment of
the Services, or which, as determined by us, may harm LCvista or users
of the Services, or expose them to liability.
Additionally, you agree not to:
- Use the Services
in any manner that could disable, overburden, damage, or impair the site
or interfere with any other party’s use of the Services, including their
ability to engage in real time activities through the Services.
- Use any robot,
spider, or other automatic device, process, or means to access the
Services for any purpose, including monitoring or copying any of the
material on the Services.
- Use any manual
process to monitor or copy any of the material on the Services, or for
any other purpose not expressly authorized in these Terms of Use,
without our prior written consent.
- Use any device,
software, or routine that interferes with the proper working of the
Services.
- Introduce any
viruses, Trojan horses, worms, logic bombs, or other material that is
malicious or technologically harmful.
- Attempt to gain
unauthorized access to, interfere with, damage, or disrupt any parts of
the Services, the server on which the Services is stored, or any server,
computer, or database connected to the Services.
- Attack the
Services via a denial-of-service attack or a distributed
denial-of-service attack.
- Otherwise attempt
to interfere with the proper working of the Services.
7. Copyright Infringement
LCvista respects the intellectual property rights
of others and expects users of the Services to do the same. We will respond
to notices of alleged copyright infringement that comply with applicable law
and are properly provided to us. If you believe that your copyrighted
materials have been copied in a way that constitutes copyright infringement,
please provide us with the following information: (i) a physical or
electronic signature of the copyright owner or a person authorized to act on
their behalf; (ii) identification of the copyrighted work claimed to have
been infringed; (iii) identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material; (iv) your contact
information, including your address, telephone number, and an email address;
(v) a statement by you that you have a good faith belief that use of the
material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and (vi) a statement that the information in
the notification is accurate, and, under penalty of perjury, that you are
authorized to act on behalf of the copyright owner.
We reserve the right to remove content alleged to
be infringing without prior notice and at our sole discretion. In
appropriate circumstances, LCvista will also terminate a user’s account if
the user is determined to be a repeat infringer.
8. Reliance on Information Posted
The information presented on or through the
Services is made available solely for general information purposes. We do
not warrant the accuracy, completeness, or usefulness of this information.
Any reliance you place on such information is strictly at your own risk. We
disclaim all liability and responsibility arising from any reliance placed
on such materials by you or any other visitor to the Services, or by anyone
who may be informed of any of its contents.
The Services may include content provided by
third parties, including materials provided by other users, bloggers, and
third-party licensors, syndicators, aggregators, and/or reporting services.
All statements and/or opinions expressed in these materials, and all
articles and responses to questions and other content, other than the
content provided by LCvista, are solely the opinions and the responsibility
of the person or entity providing those materials. These materials do not
necessarily reflect the opinion of LCvista. We are not responsible, or
liable to you or any third party, for the content or accuracy of any
materials provided by any third parties.
9. Changes to the Services
We may update the content on the Services from
time to time, but its content is not necessarily complete or up-to-date. Any
of the material on the Services may be out of date at any given time, and we
are under no obligation to update such material.
10. Information About You and Your Visits to the
Services
All information we collect on the Services is
subject to our Privacy Policy. By using the Services, you consent to all
actions taken by us with respect to your information in compliance with the
Privacy Policy.
11. Other Terms and Conditions
Additional agreements or terms and conditions may
also apply to specific portions, services, or features of the Services. All
such additional agreements or terms and conditions are hereby incorporated
by this reference into these Terms of Use. Where such additional agreements
or terms and conditions and these Terms conflict, the additional terms and
conditions shall control.
12. Linking to the Services
You may link to our homepage, provided you do so
in a way that is fair and legal and does not damage our reputation or take
advantage of it, but you must not establish a link in such a way as to
suggest any form of association, approval, or endorsement on our part
without our express written consent.
The Services may provide certain social media
features that enable you to:
- Link from your own
or certain third-party websites to certain content on the
Services.
- Send emails or
other communications with certain content, or links to certain content,
on the Services.
- Cause limited
portions of content on the Services to be displayed or appear to be
displayed on your own or certain third-party websites.
You may use these features solely as they are
provided by us and otherwise in accordance with any additional terms and
conditions we provide with respect to such features. Subject to the
foregoing, you must not:
- Establish a link
from any website that is not owned by you.
- Cause the Services
or portions of it to be displayed on, or appear to be displayed by, any
other site, for example, framing, deep linking, or in-line
linking.
- Link to any part
of the Services other than the homepage.
- Otherwise take any
action with respect to the materials on the Services that is
inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any
unauthorized framing or linking immediately to stop. We reserve the right to
withdraw linking permission without notice.
13. Links from the Services
If the Services contains links to other sites and
resources provided by third parties, these links are provided for your
convenience only. This includes links contained in advertisements, including
banner advertisements and sponsored links. We have no control over the
contents of those sites or resources, and accept no responsibility for them
or for any loss or damage that may arise from your use of them. If you
decide to access any of the third-party websites linked to the Services, you
do so entirely at your own risk and subject to the terms and conditions of
use for such websites.
14. Disclaimer of Warranties
You understand that we cannot and do not
guarantee or warrant that files available for downloading from the internet
or the Services will be free of viruses or other destructive code. You are
responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for anti-virus protection and accuracy
of data input and output, and for maintaining a means external to our site
for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL
NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED
DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL
THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER
PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY WEBSITE OR ITEMS
OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED
ON THE SERVICES, WEBSITE, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, WEBSITE, ITS CONTENT,
AND ANY ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE
SERVICES, WEBSITE, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE SERVICES
ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LCVISTA NOR ANY PERSON
ASSOCIATED WITH LCVISTA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO
THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY
OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER LCVISTA NOR ANYONE
ASSOCIATED WITH LCVISTA REPRESENTS OR WARRANTS THAT THE SERVICES, WEBSITE,
ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE
ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, WEBSITE, OR ANY
ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, LCVISTA
HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR
PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT
CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO
EVENT WILL LCVISTA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND,
UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR
INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE
WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED
TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF
REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF
USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE EXCEED
THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE TO LCVISTA FOR THE APPLICABLE
SERVICE IN THE LAST TWELVE (12) MONTHS OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does
not apply to liability resulting from our gross negligence or willful
misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT
CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. Indemnification
You agree to defend, indemnify, and hold harmless
LCvista, its affiliates, licensors, and service providers, and its and their
respective officers, directors, employees, contractors, agents, licensors,
suppliers, successors, and assigns from and against any claims, liabilities,
damages, judgments, awards, losses, costs, expenses, or fees (including
reasonable attorneys’ fees) arising out of or relating to your violation of
these Terms of Use or your use of the Services, including, but not limited
to, your User Contributions, any use of the Services’ content, services, and
products other than as expressly authorized in these Terms of Use, or your
use of any information obtained from the Services.
17. Governing Law and Jurisdiction
All matters relating to the Services and these
Terms of Use, and any dispute or claim arising therefrom or related thereto
(in each case, including non-contractual disputes or claims), shall be
governed by and construed in accordance with the internal laws of the State
of Washington without giving effect to any choice or conflict of law
provision or rule (whether of the State of Washington or any other
jurisdiction).
Any legal suit, action, or proceeding arising out
of, or related to, these Terms of Use or the Services shall be instituted
exclusively in the federal courts of the United States or the courts of the
State of Washington. You waive any and all objections to the exercise
of jurisdiction over you by such courts and to venue in such
courts.
18. Arbitration
At LCvista’s sole discretion, it may require You
to submit any disputes arising from these Terms of Use or use of the
Services, including disputes arising from or concerning their
interpretation, violation, invalidity, non-performance, or termination, to
final and binding arbitration under the Rules of Arbitration of the American
Arbitration Association applying Washington law.
19. Waiver and Severability
No waiver by LCvista of any term or condition set
out in these Terms of Use shall be deemed a further or continuing waiver of
such term or condition or a waiver of any other term or condition, and any
failure of LCvista to assert a right or provision under these Terms of Use
shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by
a court or other tribunal of competent jurisdiction to be invalid, illegal,
or unenforceable for any reason, such provision shall be eliminated or
limited to the minimum extent such that the remaining provisions of the
Terms of Use will continue in full force and effect.
20. Entire Agreement
The Terms of Use, any other agreements between
you and LCvista governing your use of the Services, and our Privacy Policy
constitute the sole and entire agreement between you and LCvista regarding
the Services and supersede all prior and contemporaneous understandings,
agreements, representations, and warranties, both written and oral,
regarding the Services.
21. Your Comments and Concerns
This website is operated by LCvista, Inc.
https://lcvista.com.
All notices of copyright infringement claims
should be sent to the copyright agent designated in above in the manner and
by the means set out therein.
All other feedback, comments, requests for
technical support, and other communications relating to the Services should
be directed to:support@lcvista.com. Any suggestions, ideas or feedback
(“Feedback”) concerning the Services provided by you to LCvista shall become
the sole property of LCvista. LCvista shall own exclusive rights, including
all intellectual property rights, and shall be entitled to the unrestricted
use and circulation thereof for any purpose, without acknowledgment or
compensation to you. You hereby agree that such Feedback is provided on a
non-proprietary and non-confidential basis. To the extent that you have any
rights in the Feedback, by operation of law or otherwise, you hereby agree
to assign and hereby do assign to LCvista all right, title and interest in
and to the Feedback. You agree to perform all acts reasonably requested by
LCvista to perfect and enforce such rights.
LCvista Privacy Policy
Version: 1.0.0
Last Updated: November 11, 2020
Introduction
LCvista (“LCvista” or “We”) respect your privacy and are committed to
protecting it through our compliance with this policy.
This policy describes the types of information we
may collect from you or that you may provide when you visit the website
https://lcvista.com/ (our “Website“) or use our Services (as defined in our Terms of
Use found here) and our practices for collecting, using,
maintaining, protecting, and disclosing that information.
This policy applies to information we
collect:
- On this
Website.
- In email, text,
and other electronic messages between you and this Website.
It does not apply to information collected
by:
- Any third party,
including through any application or content (including advertising)
that may link to or be accessible from or on the Website or through our
Services
Please read this policy carefully to understand
our policies and practices regarding your information and how we will treat
it. If you do not agree with our policies and practices, your choice is not
to use our Website. By accessing or using this Website, you agree to this
privacy policy. This policy may change from time to time (see “Changes to
Our Privacy Policy” below). Your continued use of this Website after we make
changes is deemed to be acceptance of those changes, so please check the
policy periodically for updates.
Children Under the Age of
18
Our Website is not intended for children under 18
years of age. No one under age 18 may provide any information to or on
the Website or through the Services. We do not knowingly collect personal
information from children under 18. If you are under 18, do not use or
provide any information on this Website or through any of its features,
register on the Website, or provide any information about yourself to us,
including your name, address, telephone number, email address, or any screen
name or user name you may use. If we learn we have collected or received
personal information from a child under 18 without verification of parental
consent, we will delete that information. If you believe we might have any
information from or about a child under 18, please contact us at
support@lcvista.com.
California residents under 16 years of age may
have additional rights regarding the collection and sale of their personal
information. Please see “Your California Privacy Rights” below for more
information.
Information We Collect About You and
How We Collect It
We collect several types of information from and
about users of our Website, including information:
- By which you may
be personally identified, such as name, e-mail address, or telephone
number (“personal information“);
- That is about you
but individually does not identify you, such as country;
- About your
internet connection, the equipment you use to access our Website, and
usage details.
We collect this information:
- Directly from you
when you provide it to us.
- Automatically as
you navigate through the site. Information collected automatically may
include usage details, IP addresses, and information collected through
cookies.
- When LCvista
enters into a business relationship to provide contractually agreed-upon
software and services to their employees.
Information You Provide to
Us
The information we collect on or through our
Website or Services may include:
- Information that
you provide by filling in forms on our Website or in our Services. This
includes information provided at the time of registering to use our
Website, subscribing to our Services, posting material, or requesting
further services. We may also ask you for information when you report a
problem with our Website or Services.
- Records and copies
of your correspondence (including email addresses), if you contact
us.
You also may provide information to be published
or displayed (hereinafter, “posted“) on public areas of the Website, or transmitted
to other users of the Website or third parties (collectively,
“User Contributions“). Your
User Contributions are posted on and transmitted to others at your own risk.
Although we limit access to certain pages, please be aware that no security
measures are perfect or impenetrable. Additionally, we cannot control the
actions of other users of the Website with whom you may choose to share your
User Contributions. Therefore, we cannot and do not guarantee that your User
Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data
Collection Technologies
As you navigate through and interact with our
Website, we may use automatic data collection technologies to collect
certain information about your equipment, browsing actions, and patterns,
including:
- Details of
your visits to our Website, including traffic data, location data, logs,
and other communication data and the resources that you access and use
on the Website.
- Information about
your computer and internet connection, including your IP address,
operating system, and browser type.
Our Website and Services do not track our
customers over time and across third party websites to provide targeted
advertising and therefore does not respond to Do Not Track (DNT)
signals. Third parties that have content embedded on LCvista’s
websites, software, or mobile applications (e.g. social features) may set
cookies on a user’s browser and/or obtain information about the fact that a
web browser visited a specific LCvista website from a certain IP
address. Third parties cannot collect any other personal identifiable
information from LCvista’s websites unless you provide it to them
directly.
The information we collect automatically is only
statistical data and does not include personal information, but we may
maintain it or associate it with personal information we collect in other
ways or receive from third parties. It helps us to improve our Website and
to deliver a better and more personalized service, including by enabling us
to:
- Estimate our
audience size and usage patterns.
- Store information
about your preferences, allowing us to customize our Website according
to your individual interests.
- Speed up your
searches.
- Recognize you when
you return to our Website.
The technologies we use for this automatic data
collection may include:
- Cookies (or browser cookies). A cookie is a small file placed on the hard
drive of your computer. You may refuse to accept browser cookies by
activating the appropriate setting on your browser. However, if you
select this setting you may be unable to access certain parts of our
Website. Unless you have adjusted your browser setting so that it will
refuse cookies, our system will issue cookies when you direct your
browser to our Website.
- Web Beacons. Pages of our the Website and our e-mails may
contain small electronic files known as web beacons (also referred to as
clear gifs, pixel tags, and single-pixel gifs) that permit LCvista, for
example, to count users who have visited those pages or opened an email
and for other related website statistics (for example, recording the
popularity of certain website content and verifying system and server
integrity).
We do not collect personal information
automatically, but we may tie this information to personal information about
you that we collect from other sources or you provide to us.
Third-Party Use of Cookies and Other
Tracking Technologies
Some content or applications, including
advertisements, on the Website are served by third-parties, including
advertisers, ad networks and servers, content providers, and application
providers. These third parties may use cookies alone or in conjunction with
web beacons or other tracking technologies to collect information about you
when you use our website. The information they collect may be associated
with your personal information or they may collect information, including
personal information, about your online activities over time and across
different websites and other online services. They may use this information
to provide you with interest-based (behavioral) advertising or other
targeted content.
We do not control these third parties’ tracking
technologies or how they may be used. If you have any questions about an
advertisement or other targeted content, you should contact the responsible
provider directly. For information about how you can opt out of receiving
targeted advertising from many providers, see “Choices About How We Use and
Disclose Your Information” below.
How We Use Your
Information
We use information that we collect about you or
that you provide to us, including any personal information:
- To present our
Services, Website and their contents to you.
- To provide you
with information, products, or services that you request from us.
- To fulfill any
other purpose for which you provide it.
- To provide you
with notices about your account/subscription, including expiration and
renewal notices.
- To carry out our
obligations and enforce our rights arising from any contracts entered
into between you and us, including for billing and collection.
- To notify you
about changes to our Website or any products or services we offer or
provide through it.
- To allow you to
participate in interactive features on our Website.
- In any other way
we may describe when you provide the information.
- For any other
purpose with your consent.
Disclosure of Your
Information
We may disclose aggregated information about our
users, and information that does not identify any individual, without
restriction.
We may disclose personal information that we
collect or you provide as described in this privacy policy:
- To our
subsidiaries and affiliates.
- To contractors,
service providers, and other third parties we use to support our
business.
- To a buyer or
other successor in the event of a merger, divestiture, restructuring,
reorganization, dissolution, or other sale or transfer of some or all of
LCvista’s assets, whether as a going concern or as part of bankruptcy,
liquidation, or similar proceeding, in which personal information held
by LCvista about our Service and Website users are among the assets
transferred.
- To fulfill the
purpose for which you provide it.
- For any other
purpose disclosed by us when you provide the information.
- With your
consent.
We may also disclose your personal
information:
- To comply with any
court order, law, or legal process, including to respond to any
government or regulatory request.
- To enforce or
apply our terms of use and other agreements, including for billing
and collection purposes.
- If we believe
disclosure is necessary or appropriate to protect the rights, property,
or safety of LCvista, our customers, or others. This includes exchanging
information with other companies and organizations for the purposes of
fraud protection and credit risk reduction.
Choices About How We Use and
Disclose Your Information
We strive to provide you with choices regarding
the personal information you provide to us. We have created mechanisms to
provide you with the following control over your information:
- Tracking Technologies and Advertising. You can set your browser to refuse all or
some browser cookies, or to alert you when cookies are being sent. If
you disable or refuse cookies, please note that some parts of this site
may then be inaccessible or not function properly.
We do not control third parties’ collection or
use of your information to serve interest-based advertising. However, these
third parties may provide you with ways to choose not to have your
information collected or used in this way. You can opt out of receiving
targeted ads from members of the Network Advertising Initiative
(“NAI“) on the NAI’s
website.
California residents may have additional personal
information rights and choices. Please see “Your California Privacy Rights”
below for more information.
Accessing and Correcting Your
Information
You may send us an email at support@lcvista.com
to request access to, correct or delete any personal information that you
have provided to us. We cannot delete your personal information except by
also deleting your user account. We may not accommodate a request to change
information if we believe the change would violate any law or legal
requirement or cause the information to be incorrect.
California residents may have additional personal
information rights and choices. Please see “Your California Privacy Rights”
below for more information.
Data Security
We have implemented measures designed to secure
your personal information from accidental loss and from unauthorized access,
use, alteration, and disclosure. All information you provide to us is stored
on our secure servers behind firewalls. Any payment transactions will be
encrypted using SSL technology.
The safety and security of your information also
depends on you. Where we have given you (or where you have chosen) a
password for access to certain parts of our Website, you are responsible for
keeping this password confidential. We ask you not to share your password
with anyone.
Unfortunately, the transmission of information
via the internet is not completely secure. Although we do our best to
protect your personal information, we cannot guarantee the security of your
personal information transmitted to our Website. Any transmission of
personal information is at your own risk. We are not responsible for
circumvention of any privacy settings or security measures contained on the
Website.
Changes to Our Privacy
Policy
It is our policy to post any changes we make to
our privacy policy on this page. If we make material changes to how we treat
our users’ personal information, we will notify you by email to the primary
email address specified in your account and/or through a notice on the
Website home page. The date the privacy policy was last revised is
identified at the top of the page. You are responsible for ensuring we have
an up-to-date active and deliverable email address for you, and for
periodically visiting our Website and this privacy policy to check for any
changes.
Contact Information
To ask questions or comment about this privacy
policy and our privacy practices, contact us at:
support@lcvista.com
or via our toll-free number:
(855) 980-0357
Your California Privacy
Rights
If you are a California resident, California law
may provide you with additional rights regarding our use of your personal
information.
This section applies solely to visitors and users
of our site who reside in the State of California. We have adopted this
notice to comply with the California Consumer Privacy Act of 2018 (the
“CCPA”) and the California Online Privacy Protection Act (“CalOPPA”), and
any terms defined in the CCPA or CalOPPA have the same meaning when used in
this notice.
For the purposes of this section “California Data
Subject” shall mean: (1) an individual who is in the State of California for
other than a temporary or transitory purpose, and (2) an individual who is
domiciled in the State of California who is outside the State of California
for a temporary or transitory purpose.
Information We Collect
We collect information that identifies, relates
to, describes, references, is capable of being associated with, or could
reasonably be linked, directly or indirectly, with a particular California
Data Subject or device (“personal information”).
In particular, we have collected the following
categories of personal information from California Data Subjects within the
last twelve (12) months:
Category
|
Examples
|
Do we collect this data?
|
Identifiers
|
Real name, alias, postal address,
unique personal identifier, online identifier, internet
protocol (IP) address, email address, account name, or other
similar identifiers
|
Yes
|
Characteristics of protected
classifications under California or federal law
|
Race, gender, ethnicity,
disability status
|
No
|
Commercial information
|
Records of personal property,
products, or services purchased, obtained, or considered, or
other purchasing or consuming histories or tendencies
|
No
|
Biometric information
|
Fingerprint, facial pattern,
voice, typing cadence
|
No
|
Internet or other electronic
network activity information
|
Information regarding usage of a
site, software, or app
|
Yes
|
Geolocation data
|
Physical location
|
No
|
Audio, electronic, visual,
thermal, olfactory, or similar information
|
Recordings of a California Data
Subject
|
No
|
Professional or
employment-related information
|
Place of work, current
occupation, duration of occupation, position/title
|
Yes
|
Education Information
|
Information that is not publicly
available personally identifiable information as defined in
the Family Educational Rights and Privacy Act (FERPA)
|
No
|
Inferences drawn from any of the
information identified above
|
Information used to create a
profile about the California Data Subject reflecting their
preferences, characteristics, psychological trends,
predispositions, behavior, attitudes, intelligence,
abilities, and aptitudes
|
No
|
Sources of Personal Information. We obtain the personal information listed above
from the following sources:
Source
|
Example
|
Do we receive from this source?
|
Directly from you
|
From forms you complete or orders
for products and services you purchase.
|
Yes
|
Indirectly from you
|
From observing your actions on
our services.
|
Yes
|
Third Parties
|
We are provided information by
our third-party vendors such as: our Merchant Partners, our
Technology Hosting Partners, and our Marketing
Partners.
|
No
|
Use of
Personal Information. We may use or
disclose the personal information we collect for one or more of the
following business purposes:
A. To fulfill the
purpose for which you provided the information. For example, if you share
your name and contact information to request a price quote or ask a question
about our products or services, we will use that personal information to
respond to your inquiry. If you provide your personal information to
purchase a product or service, we will use that information to process your
payment and facilitate delivery. We may use personal information you provide
us to provide technical support. In addition, we may use the above
information:
-
- To
provide, support, personalize, and develop our websites,
products, and/or services;
- To create,
maintain, customize, and secure your account with us;
- To process
your requests, purchases, transactions, and payments and prevent
transactional fraud;
- To provide
you with support and to respond to your inquiries, including to
investigate and address your concerns and monitor and improve
our responses;
- To help
maintain the safety, security, and integrity of our Website,
products and services, databases and other technology assets,
and business;
- To respond
to law enforcement requests and as required by applicable law,
court order, or governmental regulations; and
- As
described to you when collecting your personal information or as
otherwise set forth in the CCPA.
We will not collect additional categories of
personal information or use the personal information we collected for
materially different, unrelated, or incompatible purposes without providing
you notice.
We do not sell your personal information to third
parties. We do share personal information with our third-party service
providers and vendors in order to provide you the Service.
Your
Rights and Choices
This section describes your CCPA rights and
explains how to exercise those rights.
You have the right to request that we disclose
certain information to you about our collection and use of your personal
information over the past twelve (12) months. Once we receive and verify
your request, we will disclose to you:
- The categories of
personal information we collected about you, how we use it, how we
disclose it, and what personal information, if any, we sell;
- The categories of
sources for the personal information we collected about you;
- Our business or
commercial purpose for collecting or selling that personal
information;
- The categories of
third parties with whom we share that personal information;
- The specific
pieces of personal information we collected about you (also called a
data portability request);
- If we sold or
disclosed your personal information for a business purpose, two separate
lists disclosing:
- sales,
identifying the personal information categories that each
category of recipient purchased; and
- disclosures for a business purpose,
identifying the personal information categories that each
category of recipient obtained.
You have the right to request that we delete any
of your personal information that we collected from you and retained,
subject to certain exceptions. Once we receive and verify your request, we
will delete (and direct our service providers to delete) your personal
information from our records, unless an exception applies.
We may deny your disclosure and/or deletion
request if retaining the information is necessary for us or our service
providers to:
- Complete the
transaction for which we collected the personal information, provide a
good or service that you requested, take actions reasonably anticipated
within the context of our ongoing business relationship with you, or
otherwise perform our contract with you;
- Detect security
incidents, protect against malicious, deceptive, fraudulent, or illegal
activity, or prosecute those responsible for such activities;
- Debug products to
identify and repair errors that impair existing intended
functionality;
- Exercise free
speech, ensure the right of another California Data Subject to exercise
their free speech rights, or exercise another right provided for by
law;
- Comply with the
California Electronic Communications Privacy Act (Cal. Penal Code § 1546
seq.);
- Engage in public
or peer-reviewed scientific, historical, or statistical research in the
public interest that adheres to all other applicable ethics and privacy
laws, when the information’s deletion may likely render impossible or
seriously impair the research’s achievement, if you previously provided
informed consent;
- Enable solely
internal uses that are reasonably aligned with California Data Subject
expectations based on your relationship with us;
- Comply with a
legal obligation, such as other privacy or data protection statutes and
regulations that place restrictions on our ability to disclose
information including, but not limited to, the Gramm–Leach–Bliley Act,
PCI Data Security Standards, and state privacy acts; and
- Make other
internal and lawful uses of that information that are compatible with
the context in which you provided it.
To exercise the access, data portability, and
deletion rights described above, please submit a verifiable California Data
Subject request to us by sending us an email at support@lcvista.com or
calling us at 1-855-980-0357.
Only you or a person registered with the
California Secretary of State, that you authorize to act on your behalf, may
make a verifiable California Data Subject request related to your personal
information. You may also make a verifiable California Data Subject request
on behalf of your minor child.
You may only make a verifiable California Data
Subject request for access or data portability twice within a twelve (12)
month period. The verifiable California Data Subject request must:
- Provide sufficient
information that allows us to reasonably verify you are the person about
whom we collected personal information or an authorized representative;
and
- Describe your
request with sufficient detail that allows us to properly understand,
evaluate, and respond to it.
We cannot respond to your request or provide you
with personal information if we cannot verify your identity or authority to
make the request and confirm the personal information relates to you.
Making a verifiable California Data Subject request does not require you to
create an account with us. We will only use personal information
provided in a verifiable California Data Subject request to verify the
requestor’s identity or authority to make the request.
We aspire to respond to a verifiable California
Data Subject request within forty-five (45) days of receipt of the
request. If we require more time (up to ninety (90) days) we will
inform you of the reason(s) why an extension is needed and how long we
anticipate the period to be. Any disclosure we provide will only cover
the twelve (12) month period preceding the receipt of your request. If
applicable, the response may provide the reasons why we cannot comply with
your request. For data portability requests, we will select a format
to provide your personal information that is readily useable and should
allow you to transmit the information from one entity to another entity
without hindrance.
We do not charge a fee to process or respond to
your verifiable California Data Subject request unless it is excessive,
repetitive, or manifestly unfounded. If we determine that the request
warrants a fee, we will tell you why we made that decision and provide you
with a cost estimate before completing your request. We reserve the
right to refuse to respond to verifiable California Data Subject requests
that are excessive, repetitive, or manifestly unfounded.
Right
of Non-Discrimination.
We will not discriminate against you for
exercising any of your CCPA rights. We will not take any of the following
actions against you in response to an exercise of your rights:
- Deny you goods or
services.
- Charge you
different prices or rates for goods or services, including through
granting discounts or other benefits, or imposing penalties.
- Provide you a
different level or quality of goods or services.
- Suggest that you
may receive a different price or rate for goods or services or a
different level or quality of goods or services.
However, we may offer you certain financial
incentives permitted by the CCPA that can result in different prices, rates,
or quality levels. Any CCPA-permitted financial incentive we offer will
reasonably relate to your personal information’s value and contain written
terms that describe the program’s material aspects. Participation in a
financial incentive program requires your prior opt-in consent, which you
may revoke at any time.
Privacy Notice for EU
Residents
This section governs personal data, information
relating to an identified or identifiable natural person, gathered from data
subjects located in the EU only.
General
Data Protection Regulation (“GDPR”) Information
The following information describes our
commitments to you under EU General Data Protection Regulation
(“GDPR”).
The GDPR makes a distinction between
organizations that process personal data for their own purposes (known as
“Data Controllers”) and organizations that process personal data on behalf
of other organizations (known as “Data Processors”). LCvista only acts as a
Data Controller for very limited types of data, such as the information you
enter when you register an account with us or the information you submit
when purchasing our software. LCvista is the Data Controller for
information provided by our website visitors who might complete online
forms. LCvista is the Data Processor for information provided by our
customers when LCvista enters into a business relationship to provide
contractually agreed-upon software and services to their employees.
When We Act as a Data Controller
When we process your data as a Data Controller,
the following applies.
We collect, use, and share your personal data
where we are satisfied that we have an appropriate legal basis to do this.
This may be because:
- Consent: Our
use of your personal data is in accordance with your consent. If we
process your personal data based on consent, you will be asked for said
consent at or before the time of data collection. You may withdraw your
consent at any time, and will not suffer any detriment for withdrawing
your consent.
- Contract: Our use
of your personal data is to fulfill a contract between you and
us.
- Legal Obligation:
Our use of your personal data is necessary to comply with a relevant
legal or regulatory obligation that we have (for example, where we are
required to disclose personal data to a court, or store information due
to federal financial regulations); or
- Legitimate
Interest: Our use of your personal data is for a legitimate interest of
ours, such as fraud prevention and ensuring our network’s
security.
Subject to certain exemptions, and in some cases
dependent upon the processing activity we are undertaking, EU residents have
certain rights in relation to their personal data:
- Right to Access. You have the right to
access your personal data that is being processed; specifically you may
request to view your personal data and obtain copies of your personal
data.
- Right to Rectification. You have the right to request modifications
to your personal data if it is out of date or inaccurate.
- Right of Erasure. You have the right to ask that we delete
your personal data. However, we are not required to comply with
your request to erase personal data if the processing of your personal
data is necessary for compliance with a legal obligation, or for the
establishment, exercise, or defense of legal claims.
- Right to Restriction of
Processing. Under
certain circumstances, you have the right to request we restrict
processing your personal data You have the right to restrict the use of
your personal data. However, we can continue to use your personal
data following a request for restriction (a) where we have your consent;
(b) to establish, exercise or defend legal claims; or (c) to protect the
rights of another natural or legal person.
- Right to Data
Portability. To the
extent that we process your information (i) based on your consent or
under a contract; and (ii) through automated means, you have the right
to receive such personal data in a structured, commonly used,
machine-readable format, or you can ask to have it transferred directly
to another data controller.
- Right to Object. You have the right to object to the
processing of your personal data. However, we may still process your
personal data if we demonstrate compelling legitimate grounds for the
processing which override the interests, rights and freedoms of the data
subject or for the establishment, exercise or defense of legal
claims.
- Right to Object to Automated
Processing. You
have the right to object to decisions based on automated processing,
such as where a computer assesses factors in the data we collect about
you and makes a determination. We do not currently make any decisions
based on automated processing.
We retain your personal data for as long as
necessary to provide you with our services, or for other important purposes
such as complying with legal obligations, resolving disputes, and enforcing
our agreements.
We ask that you please attempt to resolve any
issues regarding your data protection or requests with us first before
contacting the relevant supervisory authority. If you would like to
exercise any of the rights described above, please send a request to
support@lcvista.com. In your message, please indicate the right you would
like to exercise and the information that you would like to access, review,
correct, or delete.
We may ask you for additional information to
confirm your identity and for security purposes, before disclosing the
requested personal data.
We may not always be able to fully address your
request, for example if it would impact the duty of confidentiality we owe
to others, or if we are legally entitled to deal with the request in a
different way.
When
LCvista Acts as a Data Processor
Where we process your data in our capacity as a
Data Processor, the processing of your data will not be governed by the
foregoing provisions (“When We Act As Data Controller”), but you can contact
the Data Controller directly to learn about their processing of your
information and to exercise your rights, or we will forward your request
directly to them at your request.
LCvista’s “privacy by design” approach requires
that our default user data protection levels be at the highest setting by
default. In the unlikely event of breach, LCvista will notify data subjects
and Supervisory Authorities (SAs) in the EU according to procedures provided
in GDPR Articles 33 and 34.
Lawful
Requests
LCvista may be required to disclose personal
information pursuant to lawful requests made by public authorities,
including to meet national security or law enforcement requirements.
Inquiries and Complaints
We take safeguarding your privacy very seriously.
If you wish to verify, correct or delete any personal information we have
collected, or if you have any questions or concerns, or if you have any
complaints, please contact support@lcvista.com.
Notice
When LCvista collects personal information from
individuals, it will inform the individual of the purpose for which it
collects and uses the personal information and the types of non-agent third
parties to which LCvista discloses or may disclose that information. LCvista
shall provide the individual with the choice and means for limiting the use
and disclosure of their personal information. Notice will be provided in
clear and conspicuous language when individuals are first asked to provide
personal information to LCvista, or as soon as practicable thereafter, and
in any event before LCvista uses or discloses personal information for a
purpose other than for which it was originally collected.
In instances in which LCvista is not the
controller or collector of the personal information, but only a processor,
it has no means of providing individuals with the choice and means for
limiting the use and disclosure of their personal information or providing
notices when individuals are first asked to provide personal information to
LCvista. In such instances, LCvista will comply with the instructions of the
controller of such information; provide appropriate technical and
organizational measures to protect personal data against accidental or
unlawful destruction or accidental loss, alteration, unauthorized disclosure
or access, and to the extent appropriate, assist the controller in
responding to individuals exercising their rights under the
Principles.
Choice
In those instances in which LCvista collects
personal information from individuals, it will offer individuals the
opportunity to choose (opt out) whether their personal information is (1) to
be disclosed to a third party or (2) to be used for a purpose other than the
purpose for which it was originally collected or subsequently authorized by
the individual.
Disclosures to Third Parties
In those instances in which LCvista collects
personal information from individuals, prior to disclosing personal
information to a third party, LCvista shall notify the individual of such
disclosure and allow the individual the choice to opt out of such
disclosure. LCvista shall ensure that any agent third party for which
personal information may be disclosed subscribes to these principles or are
subject to law providing the same level of privacy protection as is required
by these principles and agree in writing to provide an adequate level of
privacy protection.
Data
Security
LCvista shall take reasonable steps to protect
personal information from loss, misuse and unauthorized access, disclosure,
alteration and destruction. LCvista has put in place appropriate physical,
electronic and managerial procedures to safeguard and secure the information
from loss, misuse, unauthorized access or disclosure, alteration or
destruction. LCvista cannot guarantee the security of information on or
transmitted via the Internet.
Data
Integrity
LCvista shall only process personal information
in a way that is compatible with and relevant for the purpose for which it
was collected or authorized by those who provided the information. To the
extent necessary for those purposes, LCvista shall take reasonable steps to
ensure that personal information is accurate, complete, current and reliable
for its intended use.
Access
In those instances in which LCvista collects
personal information directly from individuals, LCvista shall allow those
individuals access to their personal information and allow the individual to
correct, amend or delete inaccurate information, except where the burden or
expense of providing access would be disproportionate to the risks to the
privacy of the individual in the case in question or where the rights of
persons other than the individual would be violated.