Privacy Policy Table of Contents

• What this Privacy Policy Covers
• Personal Data
  • Categories of Personal Data We Collect
  • Categories of Sources of Personal Data
  • Our Commercial or Business Purposes for Collecting Personal Data
• How We Share Your Personal Data
• Tracking Tools, Advertising, and Opt-Out
• Data Security and Retention
• Personal Data of Children
• U.S. State Privacy Rights
• Privacy Notice for EEA/UK Residents
• Changes to this Privacy Policy
• Contact Information

What this Privacy Policy Covers

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services. “Personal Data” means any information that identifies or relates to a particular individual and includes information referred to as “personal information” under applicable data privacy laws.

This Privacy Policy does not cover the practices of companies we do not own or control or individuals we do not manage.

If an organization with which you are associated (an “Organization”) signs up to use our Services, we may receive Personal Data about you in connection with our provision of Services to your Organization. To the extent we process that Personal Data solely to provide Services to your Organization, we act as a processor on behalf of your Organization. In such cases, your Organization is the controller and is responsible for providing required notices and obtaining necessary consents.

To the extent we process Personal Data for our own lawful business purposes (such as product development, analytics, marketing, or security), we act as a controller.

Personal Data

Categories of Personal Data We Collect

This chart details the categories of Personal Data that we collect and have collected over the past 12 months:

Not all categories of Personal Data are shared with each category of recipient listed above. Sharing depends on the nature of the data and the Services provided.

Categories of Sources of Personal Data

We collect Personal Data about you from the following categories of sources:

You

• When you provide such information directly to us.
  • When you create an account on the Site or through the Services or use our interactive tools and Services.
  • When you voluntarily provide information in free-form text boxes through the Site or Services or through responses to surveys or questionnaires.
  • When you send us an email or otherwise contact us.
• When you use the Site or Services and such information is collected automatically.
  • Through Cookies (defined in the “Tracking Tools, Advertising, and Opt-Out” section below).
  • If you download our mobile application or use a location-enabled browser, we may receive information about your location and mobile device, as applicable.
  • If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information regarding when you are logged on and available to receive updates or alert notices.

Third Parties

• Vendors
  • We may use analytics providers to analyze how you interact and engage with the Services, or third parties may help us provide you with customer support.
  • We may use vendors to obtain information to generate leads and create user profiles.
• Customers
  • We receive information about you from some of our customers who provide information regarding users who have the ability to post content associated with their account for our products or services.
• Advertising Partners
  • We receive information about you from some of our vendors who assist us with marketing or promotional services related to how you interact with our websites, applications, products, Services, advertisements or communications.
• Social Networks
  • If you provide your social network account credentials to us or otherwise sign in to the Services through a third-party site or service, some content and/or information in those accounts may be transmitted into your account with us.

Our Commercial or Business Purposes for Collecting Personal Data

We use Personal Data to:

• Provide and improve the Services
• Create and manage user accounts
• Process transactions and billing
• Provide support
• Conduct analytics and product development
• Personalize content
• Ensure security and prevent fraud
• Comply with legal obligations
• Enforce agreements
• Market and promote our Services

We will not use Personal Data for materially different purposes without providing notice where required by law.

How We Share Your Personal Data

We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.

• Service Providers. These parties help us provide the Services or perform business functions on our behalf. They include:
  • Hosting, technology and communication providers.
  • Security and fraud prevention consultants.
  • Support and customer service vendors.
  • Product fulfillment and delivery providers.
  • Payment processors.
    • Our payment processing partner collects your voluntarily-provided payment card information necessary to process your payment.
    • Please see terms of service and privacy policy for information on its use and storage of your Personal Data.
• Customers. These parties are businesses that you have a relationship, that we also have a relationship with, and our Sites provide you the ability to connect with our Customers and share information.
• Advertising Partners. These parties help us market our services and provide you with other offers that may be of interest to you. They include:
  • Ad networks.
  • Data brokers.
  • Marketing providers
• Analytics Partners. These parties provide analytics on web traffic or usage of the Services. They include:
  • Companies that track how users found or were referred to the Services.
  • Companies that track how users interact with the Services.
• Business Partners. These parties partner with us in offering various services. They include:
  • Businesses that you have a relationship with.
  • Companies that we partner with to offer joint promotional offers or opportunities.
• Parties You Authorize, Access or Authenticate
  • Third parties you access through the services (such as Customers).
  • Social media services.
  • Other users.

Legal Obligations

We may share any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Personal Data” section above.

Business Transfers

All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

Data that is Not Personal Data

We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not share such data in a manner that could identify you.

Tracking Tools, Advertising and Opt-Out

The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time.

We use the following types of Cookies:

• Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
• Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising. For example, Google Inc. (“Google”) uses cookies in connection with its Google Analytics services. Google’s ability to use and share information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt-out of Google’s use of Cookies by visiting the Google advertising opt-out page at www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/.

You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.

To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit https://www.allaboutcookies.org/ or https://ico.org.uk/for-the-public/online/cookies/ if you are located in the European Union.

Data Security and Retention

We use a variety of security technologies and procedures to help protect your Personal Data from unauthorized access, use or disclosure. We secure the Personal Data you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. All Personal Data is protected using appropriate physical, technical and organizational measures. For more on Security at Vartopia or to report a Security concern please contact us at [email protected].

Your account is protected by a password for your privacy and security. If you access your account via a third party site or service, you may have additional or different sign-on protections via that third party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with our Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

Personal Data of Children

As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data about children under 16 years of age; if you are a child under the age of 16, please do not attempt to register for or otherwise use the Site or Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided Personal Data to us, please contact us at [email protected].

U.S. State Privacy Rights

Residents of certain U.S. states may have rights under applicable privacy laws. Depending on your state of residence and whether the applicable law applies to our processing activities, you may have the right to:

• Access the Personal Data we maintain about you
• Correct inaccurate Personal Data
• Delete Personal Data
• Obtain a copy of your Personal Data in a portable format (data portability)
• Opt-out of the sale of Personal Data (where applicable)
• Opt-out of the sharing of Personal Data for targeted advertising (where applicable)
• Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects (where applicable)
• Limit the use and disclosure of sensitive Personal Data (where applicable)
• Appeal our denial of a privacy request (where provided under applicable law)

Not all rights apply in all states, and certain exceptions may apply under applicable law.

If we process your Personal Data on behalf of one of our customers as a service provider or processor, you should direct your request to the entity that originally collected your Personal Data. We will assist our customers in responding to verified requests as required by law

California Residents (CCPA/CPRA)

Under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA/CPRA”), California residents have the rights described above, subject to certain limitations and exceptions.

We do not sell Personal Data as defined under the CCPA/CPRA.

We do not use or disclose sensitive personal information for purposes other than those permitted under the CCPA/CPRA.

California residents also have rights under California Civil Code Sections 1798.83–1798.84 regarding certain disclosures of Personal Data to third parties for direct marketing purposes. To submit such a request, please contact [email protected].

We will not discriminate against you for exercising your privacy rights.

Nevada Residents

Nevada residents may request to opt out of certain sales of Personal Data under Nevada Revised Statutes Chapter 603A by contacting [email protected]. We do not currently sell Personal Data as defined under Nevada law.

Exercising Your State Privacy Rights

To exercise any applicable state privacy rights, please contact us at [email protected].

We may need to verify your identity before processing your request. If applicable law provides you with the right to appeal a decision we have made regarding your privacy request, instructions for submitting an appeal will be included in our response.

Privacy Notice for EEA/UK Residents

If you are located in the European Economic Area (“EEA”) or the United Kingdom (“UK”) (collectively, the “EEA/UK”), you may have additional rights under Regulation (EU) 2016/679 (the “EU GDPR”), the EU GDPR as incorporated into UK law under the European Union (Withdrawal) Act 2018 (the “UK GDPR”), and applicable data protection laws (collectively, “GDPR”).For purposes of this section, “Personal Data” and “processing” have the meanings given in the GDPR.

Controller and Processor Roles

Vartopia may process Personal Data of our customers’ end users or employees in connection with our provision of services to customers. In such cases, we act as a processor on behalf of our customer (the controller). If your Personal Data has been provided to us by one of our customers in that context, you should contact the relevant customer (for example, your employer or the organization with which you interact) in the first instance to exercise your rights.

Vartopia may also process Personal Data as a controller for our own legitimate business purposes, such as operating the Site, managing customer relationships, security, marketing, analytics, and product development. This Privacy Policy applies to Personal Data we process as a controller.

If there is any conflict between this section and other portions of this Privacy Policy, the provision that is more protective of Personal Data will control to the extent of the conflict.

Lawful Bases for Processing

Where we act as a controller, we process Personal Data under one or more of the following lawful bases:

• Performance of a contract – to provide the Services or fulfill obligations to you or your organization.
• Legitimate interests – to operate, improve, and secure our Services, conduct analytics, and manage business operations, provided such interests are not overridden by your rights and freedoms.
• Consent – where required by law, such as for certain marketing communications.
• Legal obligation – to comply with applicable laws, regulations, or legal processes.

Your Rights Under the GDPR

Subject to certain limitations and exceptions under applicable law, you may have the following rights:

• Right of access – to request confirmation of whether we process your Personal Data and obtain a copy of that data.
• Right to rectification – to request correction of inaccurate or incomplete Personal Data.
• Right to erasure – to request deletion of your Personal Data in certain circumstances.
• Right to restriction of processing – to request that we limit processing in certain circumstances.
• Right to data portability – to receive certain Personal Data in a structured, commonly used, and machine-readable format.
• Right to object – to object to processing based on legitimate interests or for direct marketing purposes.
• Right to withdraw consent – where processing is based on consent, without affecting the lawfulness of processing before withdrawal.
• Right to lodge a complaint – with your local supervisory authority.

We do not engage in automated decision-making or profiling that produces legal or similarly significant effects on individuals.

International Transfers

Your Personal Data may be transferred to and processed in countries outside the EEA or UK, including the United States.

Where required, we rely on appropriate safeguards for international transfers, including:

• Standard Contractual Clauses approved by the European Commission;
• The UK International Data Transfer Addendum;
• Other legally recognized transfer mechanisms; and
• Where applicable, participation in the EU-U.S. Data Privacy Framework (DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework.

We implement supplementary measures where required to ensure that transferred Personal Data receives a level of protection consistent with the GDPR.

Data Retention

We retain Personal Data for as long as necessary to fulfill the purposes for which it was collected, including to provide Services, comply with legal obligations, resolve disputes, and enforce agreements. We may retain anonymized or aggregated data that does not identify you.

Exercising Your GDPR Rights

To exercise your rights under the GDPR, please contact us at: [email protected]

We may need to verify your identity before responding to your request. We will respond within the timeframes required under applicable law.

Sharing Personal Data

The “How We Share Your Personal Data” section above details how we share your Personal Data with third parties.

Data Privacy Framework (EU, UK & Switzerland)

Vartopia complies with the:

• EU–U.S. Data Privacy Framework (EU–U.S. DPF)
• UK Extension to the EU–U.S. DPF
• Swiss–U.S. Data Privacy Framework (Swiss–U.S. DPF)

as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, United Kingdom, and Switzerland to the United States in reliance on the Data Privacy Framework.

Vartopia has certified to the U.S. Department of Commerce that it adheres to the Data Privacy Framework Principles with respect to such data. If there is any conflict between the policies in this Privacy Policy and the Data Privacy Framework Principles, the Principles shall govern.

To learn more about the Data Privacy Framework program and to view our certification status, please visit the Data Privacy Framework website and search for “Vartopia” in the participant list: https://www.dataprivacyframework.gov/s/participant-search

Vartopia is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

Access, Correction and Deletion

Pursuant to the Data Privacy Framework, EU, UK, and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States.

Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you.

An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under the Data Privacy Framework, should direct their query to:

[email protected]

We will respond within a reasonable timeframe.

Onward Transfers

In compliance with the Data Privacy Framework Principles, Vartopia remains responsible and liable under the Data Privacy Framework Principles if third-party agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Principles, unless Vartopia proves that it is not responsible for the event giving rise to the damage.

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Complaints and Independent Recourse

In compliance with the Data Privacy Framework Principles, Vartopia commits to resolve complaints about our collection or use of your personal information transferred to the United States pursuant to the Data Privacy Framework.

EU, UK, and Swiss individuals with Data Privacy Framework inquiries or complaints should first contact:

Raman Katoch

Director, IT & Cybersecurity
Email:[email protected]
Phone: +1 307 200 4938

Vartopia will respond to such complaints within 45 days of receipt. You may also submit complaints to [email protected].

Independent Dispute Resolution. If you have questions or complaints regarding our handling of personal data under the Data Privacy Framework, please contact us first at [email protected]. If we cannot resolve your concern, Vartopia has committed to refer unresolved complaints to BBB National Programs’ Data Privacy Framework independent recourse mechanism (“BBB DPF Services”), available at: https://bbbprograms.org/programs/allprograms/dpf-consumers

This service is provided free of charge.

Binding Arbitration. If your complaint cannot be resolved through the above channels, under certain conditions you may be able to invoke binding arbitration. For additional information, please see ANNEX I (Introduction) at: https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction

Changes to this Privacy Policy

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice on https://vartopia.com, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is collected.

Contact Information

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to [email protected], and we will try to resolve your concerns.