PRIVACY
NOTICE
Last updated September 06, 2022
This privacy
notice for Virtual Performance Tool
( "
Company
," "we," "us," or
"our"
), describes how and why we might collect, store, use,
and/or share ( "process" ) your information when you use our services ( "Services"
), such as when you:
- Visit our
website
at https://www.virtualperformancetool.com , or any website of ours that links to this privacy notice
- Engage with
us in other related ways, including any sales, marketing, or events
Questions or
concerns? Reading this privacy notice will help you understand your privacy rights
and choices. If you do not agree with our policies and practices, please do not use our Services.
If you still have any questions or concerns, please contact us at
info@virtualperformancetool.com .
SUMMARY OF KEY POINTS
This summary provides key points from our privacy notice,
but you can find out more details about any of these topics by clicking the link following each
key point or by using our table of contents below to find the section you are looking for. You
can also click here to go directly to our
table of contents.
What personal information do we process? When you
visit, use, or navigate our Services, we may process personal information depending on how you
interact with
Virtual Performance Tool
and the Services, the choices you make, and the
products and features you use. Click
here to learn more.
Do we process any sensitive personal information?
We do not process sensitive personal information.
Do we receive any information from third parties?
We do not receive any information from third parties.
How do we process your information? We process your
information to provide, improve, and administer our Services, communicate with you, for security and
fraud prevention, and to comply with law. We may also process your information for other purposes
with your consent. We process your information only when we have a valid legal reason to do so.
Click here to learn more.
In what situations and with which parties do we share personal information? We may share
information in specific situations and with specific third
parties. Click here to learn more.
How do we keep your information safe? We have organizational and
technical processes and procedures in place to protect your personal information. However, no
electronic transmission over the internet or information storage technology can be guaranteed to be
100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third
parties will not be able to defeat our security and improperly collect, access, steal, or modify
your information. Click here to learn more.
What are your rights? Depending on where you are
located geographically, the applicable privacy law may mean you have certain rights regarding your
personal information. Click here to learn more.
How do you exercise your rights? The easiest way to
exercise your rights is by filling out our data subject request form available here: https://www.virtualperformancetool.com
, or by contacting us. We will consider and act upon any request in
accordance with applicable data protection laws.
Want to
learn more about what
Virtual Performance Tool
does with any information we collect? Click
here to review the notice in full.
TABLE OF CONTENTS
1. WHAT INFORMATION
DO WE COLLECT?
Personal information you disclose
to us
In
Short: We collect personal
information that you provide to us.
We collect
personal information that you voluntarily provide to us when you
register on the Services,
express an interest in obtaining information
about us or our products and Services, when you participate in activities on the Services, or
otherwise when you contact us.
Personal Information Provided by You. The personal
information that we collect depends on the context of your interactions with us and the Services,
the choices you make, and the products and features you use. The personal information we collect
may include the following:
-
names
-
email addresses
-
usernames
-
passwords
Sensitive Information.
We do not process sensitive information.
Payment
Data. We may collect data necessary to process your payment if you make purchases, such
as your payment instrument number (such as a credit card number), and the security code associated
with your payment instrument. All payment data is stored by
PayPal
.
You may find their privacy notice link(s) here:
https://www.paypal.com/us/webapps/mpp/ua/privacy-full
.
All personal
information that you provide to us must be true, complete, and accurate, and you must notify us of
any changes to such personal information.
Information automatically collected
In
Short: Some information — such
as your Internet Protocol (IP) address and/or browser and device characteristics — is
collected automatically when you visit our
Services.
We
automatically collect certain information when you visit, use, or navigate the Services. This
information does not reveal your specific identity (like your name or contact information) but may
include device and usage information, such as your IP address, browser and device characteristics,
operating system, language preferences, referring URLs, device name, country, location,
information about how and when you use our Services, and other technical information. This
information is primarily needed to maintain the security and operation of our Services, and for
our internal analytics and reporting purposes.
The information
we collect includes:
- Log and
Usage Data. Log and usage data is service-related, diagnostic, usage, and performance
information our servers automatically collect when you access or use our Services and which we
record in log files. Depending on how you interact with us, this log data may include your IP
address, device information, browser type, and settings and information about your activity in
the Services (such as the date/time stamps associated
with your usage, pages and files viewed, searches, and other actions you take such as which
features you use), device event information (such as system activity, error reports (sometimes
called
"crash dumps"
- Device
Data. We collect device data such as information about your computer, phone, tablet, or
other device you use to access the Services. Depending on the device used, this device data may
include information such as your IP address (or proxy server), device and application
identification numbers, location, browser type, hardware model, Internet service provider and/or
mobile carrier, operating system, and system configuration information.
- Location
Data. We collect location data such as information about your device's location, which
can be either precise or imprecise. How much information we collect depends on the type and
settings of the device you use to access the Services. For example, we may use GPS and other
technologies to collect geolocation data that tells us your current location (based on your IP
address). You can opt out of allowing us to collect this information either by refusing access
to the information or by disabling your Location setting on your device. However, if you choose
to opt out, you may not be able to use certain aspects of the Services.
2. HOW DO WE PROCESS
YOUR INFORMATION?
In Short: We process your
information to provide, improve, and administer our Services, communicate with you, for
security and fraud prevention, and to comply with law. We may also process your
information for other purposes with your
consent.
We
process your personal information for a variety of reasons, depending on how you interact with
our Services, including:
- To
facilitate account creation and authentication and otherwise manage user
accounts. We may process your information so you can create and log in to your
account, as well as keep your account in working order.
- To request feedback. We
may process your information when necessary to request feedback and to contact
you about your use of our Services.
- To protect our Services. We
may process your information as part of our efforts to keep our
Services safe and secure, including fraud monitoring and
prevention.
- To identify usage
trends. We may process information about how you use
our Services to better understand how they are being used so we
can improve them.
- To save or protect an
individual's vital interest. We may process
your information when necessary to save or protect an
individual’s vital interest, such as to prevent
harm.
3. WHAT LEGAL BASES DO WE
RELY ON TO PROCESS YOUR
INFORMATION?
In
Short: We only process your personal
information when we believe it is necessary and we have a
valid legal reason (i.e.
,
legal basis) to do so under applicable law, like with your
consent, to comply with laws, to provide you with services
to enter into or
fulfill our
contractual obligations, to protect your rights, or to
fulfill our legitimate
business interests.
If you are
located in the EU or UK, this section applies to
you.
The General Data Protection
Regulation (GDPR) and UK GDPR require us to explain the
valid legal bases we rely on in order to process your
personal information. As such, we may rely on the following
legal bases to process your personal
information:
- Consent. We
may process your information if you have given us
permission (i.e.
, consent) to use your personal information for a specific purpose. You can withdraw your consent at any time. Click here to learn more.
- Legitimate Interests. We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, we may process your personal information for some of the purposes described in order to:
-
Analyze how our services are used so we can improve them to engage and retain users
- Diagnose problems and/or
prevent fraudulent activities
- Understand how our users
use our products and services so we can improve
user experience
- Legal
Obligations. We may process your
information where we believe it is necessary for
compliance with our legal obligations, such as to
cooperate with a law enforcement body or
regulatory agency, exercise or defend our legal
rights, or disclose your information as evidence
in litigation in which we are involved.
- Vital
Interests. We may process your
information where we believe it is necessary to
protect your vital interests or the vital
interests of a third party, such as situations
involving potential threats to the safety of any
person.
If you are
located in Canada, this section applies to
you.
We may process your
information if you have given us specific permission
(i.e. , express
consent) to use your personal information for a
specific purpose, or in situations where your
permission can be inferred (i.e. , implied
consent). You can withdraw your consent at any time.
Click here to learn
more.
In some exceptional cases,
we may be legally permitted under applicable law to
process your information without your consent,
including, for example:
- If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way
- For investigations and
fraud detection and prevention
- For business transactions
provided certain conditions are met
- If it is contained in a
witness statement and the collection is necessary
to assess, process, or settle an insurance
claim
- For identifying injured,
ill, or deceased persons and communicating with
next of kin
- If we have reasonable
grounds to believe an individual has been, is, or
may be victim of financial abuse
- If it is reasonable to
expect collection and use with consent would
compromise the availability or the accuracy of the
information and the collection is reasonable for
purposes related to investigating a breach of an
agreement or a contravention of the laws of Canada
or a province
- If disclosure is required
to comply with a subpoena, warrant, court order,
or rules of the court relating to the production
of records
- If it was produced
by an individual in the course of their
employment, business, or profession and the
collection is consistent with the purposes for
which the information was produced
- If the collection is
solely for journalistic, artistic, or literary
purposes
- If the information
is publicly available and is specified by the
regulations
In
Short: We may share
information in specific situations described in
this section and/or with the following third
parties.
We may need to share
your personal information in the following
situations:
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
5.
HOW LONG DO WE KEEP YOUR
INFORMATION?
In
Short: We
keep your information for as long as
necessary to
fulfill
the purposes outlined in this
privacy notice unless otherwise
required by
law.
We will
only keep your personal information for
as long as it is necessary for the
purposes set out in this privacy notice,
unless a longer retention period is
required or permitted by law (such as
tax, accounting, or other legal
requirements). No
purpose in this notice will require us
keeping your personal information for
longer than
the
period of time in which users have an
account with us
.
When we
have no ongoing legitimate business need
to process your personal information, we
will either delete or
anonymize
such information, or, if this is
not possible (for example, because your
personal information has been stored in
backup archives), then we will securely
store your personal information and
isolate it from any further processing
until deletion is possible.
6.
HOW DO WE KEEP YOUR INFORMATION
SAFE?
In
Short: We aim
to protect your personal information
through a system of
organizational
and technical security
measures.
We have
implemented appropriate and reasonable
technical and
organizational
security measures designed to
protect the security of any personal
information we process. However, despite
our safeguards and efforts to secure
your information, no electronic
transmission over the Internet or
information storage technology can be
guaranteed to be 100% secure, so we
cannot promise or guarantee that
hackers, cybercriminals, or other
unauthorized
third parties will not be able to
defeat our security and improperly
collect, access, steal, or modify your
information. Although we will do our
best to protect your personal
information, transmission of personal
information to and from our Services is
at your own risk. You should only access
the Services within a secure
environment.
7.
DO WE COLLECT INFORMATION FROM
MINORS?
In
Short: We do
not knowingly collect data from or
market to children under 18 years of
age.
We do not
knowingly solicit data from or market to
children under 18 years of age. By using
the Services, you represent that you are
at least 18 or that you are the parent
or guardian of such a minor and consent
to such minor dependent’s use of the
Services. If we learn that personal
information from users less than 18
years of age has been collected, we will
deactivate the account and take
reasonable measures to promptly delete
such data from our records. If you
become aware of any data we may have
collected from children under age 18,
please contact us at
info@virtualperformancetool.com
.
8.
WHAT ARE YOUR PRIVACY
RIGHTS?
In
Short:
In
some regions, such as the
European Economic Area (EEA), United
Kingdom (UK), and Canada , you
have rights that allow you greater
access to and control over your
personal information.
You
may review, change, or terminate your
account at any time.
In some
regions (like the EEA,
UK, and Canada ), you
have certain rights under applicable
data protection laws. These may include
the right (i) to request access and
obtain a copy of your personal
information, (ii) to request
rectification or erasure; (iii) to
restrict the processing of your personal
information; and (iv) if applicable, to
data portability. In certain
circumstances, you may also have the
right to object to the processing of
your personal information. You can make
such a request by contacting us by using
the contact details provided in the
section
"
HOW CAN
YOU CONTACT US ABOUT THIS
NOTICE?
"
below.
We will
consider and act upon any request in
accordance with applicable data
protection laws.
If you are
located in the EEA or UK and you believe
we are unlawfully processing your
personal information, you also have the
right to complain to your local data
protection supervisory authority. You
can find their contact details here:
https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are
located in Switzerland, the contact
details for the data protection
authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
Withdrawing
your consent: If we are
relying on your consent to process your
personal information, which
may be express and/or implied consent
depending on the applicable law,
you have the right to withdraw
your consent at any time. You can
withdraw your consent at any time by
contacting us by using the contact
details provided in the section "
HOW CAN
YOU CONTACT US ABOUT THIS
NOTICE?
"
below .
However,
please note that this will not affect the
lawfulness of the processing before its
withdrawal nor, when
applicable law allows,
will it affect the processing of
your personal information conducted in
reliance on lawful processing grounds
other than consent.
Account
Information
If you would at
any time like to review or change the
information in your account or terminate
your account, you can:
-
Contact us using the contact information provided.
Upon your
request to terminate your account, we will
deactivate or delete your account and
information from our active databases.
However, we may retain some information in
our files to prevent fraud, troubleshoot
problems, assist with any investigations,
enforce our legal terms and/or comply with
applicable legal
requirements.
If you have
questions or comments about your privacy
rights, you may email us at
info@virtualperformancetool.com
.
9.
CONTROLS FOR DO-NOT-TRACK
FEATURES
Most web
browsers and some mobile operating
systems and mobile applications include
a Do-Not-Track ( "DNT"
) feature or setting you can
activate to signal your privacy
preference not to have data about your
online browsing activities monitored and
collected. At this stage no uniform
technology standard for
recognizing
and implementing DNT signals has
been
finalized
. As such, we do not currently
respond to DNT browser signals or any
other mechanism that automatically
communicates your choice not to be
tracked online. If a standard for online
tracking is adopted that we must follow
in the future, we will inform you about
that practice in a revised version of
this privacy
notice.
10.
DO CALIFORNIA RESIDENTS HAVE
SPECIFIC PRIVACY
RIGHTS?
In
Short: Yes,
if you are a resident of California,
you are granted specific rights
regarding access to your personal
information.
California
Civil Code Section 1798.83, also known
as the
"Shine The Light"
law, permits our users who are
California residents to request and
obtain from us, once a year and free of
charge, information about categories of
personal information (if any) we
disclosed to third parties for direct
marketing purposes and the names and
addresses of all third parties with
which we shared personal information in
the immediately preceding calendar year.
If you are a California resident and
would like to make such a request,
please submit your request in writing to
us using the contact information
provided below.
If you are
under 18 years of age, reside in
California, and have a registered
account with Services, you have the
right to request removal of unwanted
data that you publicly post on the
Services. To request removal of such
data, please contact us using the
contact information provided below and
include the email address associated
with your account and a statement that
you reside in California. We will make
sure the data is not publicly displayed
on the Services, but please be aware
that the data may not be completely or
comprehensively removed from all our
systems (e.g. ,
backups, etc.).
CCPA
Privacy Notice
The
California Code of Regulations
defines a
"resident"
as:
(1) every
individual who is in the State of
California for other than a temporary or
transitory purpose
and
(2) every
individual who is domiciled in the State
of California who is outside the State
of California for a temporary or
transitory purpose
All other
individuals are defined as
"non-residents."
If this
definition of
"resident"
applies to you, we must adhere to
certain rights and obligations regarding
your personal
information.
What
categories of personal information do
we
collect?
We have
collected the following categories of
personal information in the past twelve
(12) months:
Category | Examples | Collected |
A.
Identifiers
|
Contact
details, such as real name,
alias, postal address, telephone
or mobile contact number, unique
personal identifier, online
identifier, Internet Protocol
address, email address, and
account
name
|
|
B.
Personal information categories
listed in the California
Customer Records
statute
|
Name,
contact information, education,
employment, employment history,
and financial
information
|
|
C.
Protected classification
characteristics under California
or federal
law
|
Gender
and date of
birth
|
|
D.
Commercial
information
|
Transaction
information, purchase history,
financial details, and payment
information
|
|
E.
Biometric
information
|
Fingerprints
and
voiceprints
|
|
F.
Internet or other similar
network
activity
|
Browsing
history, search history, online
|
|
G.
Geolocation
data
|
Device
location
|
|
H.
Audio, electronic, visual,
thermal, olfactory, or similar
information
|
Images
and audio, video or call
recordings created in connection
with our business
activities
|
|
I.
Professional or
employment-related
information
|
Business
contact details in order to
provide you our Services at a
business level or job title,
work history, and professional
qualifications if you apply for
a job with
us
|
|
J.
Education
Information
|
Student
records and directory
information
|
|
K.
Inferences drawn from other
personal
information
|
Inferences
drawn from any of the collected
personal information listed
above to create a profile or
summary about, for example, an
individual’s preferences and
characteristics
|
|
We may
also collect other personal information
outside of these categories through
instances where you interact with us in
person, online, or by phone or mail in
the context of:
- Receiving
help through our customer support
channels;
- Participation
in customer surveys or contests;
and
- Facilitation
in the delivery of our Services and to
respond to your inquiries.
How
do we use and share your personal
information?
You may
contact us
by email
at
info@virtualperformancetool.com
,
by
visiting https://www.virtualperformancetool.com
,
or by
referring to the contact details at the
bottom of this document.
If you are
using an
authorized
agent to exercise your right to
opt out we may deny a request if the
authorized
agent does not submit proof that
they have been validly
authorized
to act on your
behalf.
Will
your information be shared with anyone
else?
We may
disclose your personal information with
our service providers pursuant to a
written contract between us and each
service provider. Each service provider
is a for-profit entity that processes
the information on our
behalf.
We may use
your personal information for our own
business purposes, such as for
undertaking internal research for
technological development and
demonstration. This is not considered to
be
"selling"
of your personal
information.
Your
rights with respect to your personal
data
Right
to request deletion of the data —
Request to
delete
You can
ask for the deletion of your personal
information. If you ask us to delete
your personal information, we will
respect your request and delete your
personal information, subject to certain
exceptions provided by law, such as (but
not limited to) the exercise by another
consumer of his or her right to free
speech, our compliance requirements
resulting from a legal obligation, or
any processing that may be required to
protect against illegal
activities.
Right
to be informed — Request to
know
Depending
on the circumstances, you have a right
to know:
- whether
we collect and use your personal
information;
- the
categories of personal information
that we collect;
- the
purposes for which the collected
personal information is used;
- whether
we sell your personal information to
third parties;
- the
categories of personal information
that we sold or disclosed for a
business purpose;
- the
categories of third parties to whom
the personal information was sold or
disclosed for a business purpose;
and
- the
business or commercial purpose for
collecting or selling personal
information.
In
accordance with applicable law, we are
not obligated to provide or delete
consumer information that is
de-identified in response to a consumer
request or to re-identify individual
data to verify a consumer
request.
Right
to Non-Discrimination for the Exercise
of a Consumer’s Privacy
Rights
We will
not discriminate against you if you
exercise your privacy
rights.
Verification
process
Upon
receiving your request, we will need to
verify your identity to determine you
are the same person about whom we have
the information in our system. These
verification efforts require us to ask
you to provide information so that we
can match it with information you have
previously provided us. For instance,
depending on the type of request you
submit, we may ask you to provide
certain information so that we can match
the information you provide with the
information we already have on file, or
we may contact you through a
communication method (e.g. ,
phone or email) that you have
previously provided to us. We may also
use other verification methods as the
circumstances
dictate.
We will
only use personal information provided
in your request to verify your identity
or authority to make the request. To the
extent possible, we will avoid
requesting additional information from
you for the purposes of verification.
However, if we cannot verify your
identity from the information already
maintained by us, we may request that
you provide additional information for
the purposes of verifying your identity
and for security or fraud-prevention
purposes. We will delete such
additionally provided information as
soon as we finish verifying
you.
Other
privacy
rights
- You may
object to the processing of your
personal information.
- You may
request correction of your personal
data if it is incorrect or no longer
relevant, or ask to restrict the
processing of the information.
- You can
designate an
authorized authorized authorized
- You may
request to opt out from future selling
of your personal information to third
parties. Upon receiving an opt-out
request, we will act upon the request
as soon as feasibly possible, but no
later than fifteen (15) days from the
date of the request submission.
To
exercise these rights, you can contact
us
by email at
info@virtualperformancetool.com
,
by visiting https://www.virtualperformancetool.com
,
or by
referring to the contact details at the
bottom of this document. If you have a
complaint about how we handle your data, we
would like to hear from you.
11.
DO WE MAKE UPDATES TO THIS
NOTICE?
In
Short: Yes, we will
update this notice as necessary to
stay compliant with relevant
laws.
We may
update this privacy notice from time to
time. The updated version will be
indicated by an updated
"Revised"
date and the updated version will
be effective as soon as it is
accessible. If we make material changes
to this privacy notice, we may notify
you either by prominently posting a
notice of such changes or by directly
sending you a notification. We encourage
you to review this privacy notice
frequently to be informed of how we are
protecting your
information.
12.
HOW CAN YOU CONTACT US ABOUT
THIS
NOTICE?
If you
have questions or comments about this
notice, you may
email us at
info@virtualperformancetool.com
or
by post
to:
13.
HOW CAN YOU REVIEW, UPDATE, OR
DELETE THE DATA WE COLLECT FROM
YOU?