1. Some key terms
With respect to personal information in NovaVerse’s possession, we play a few different roles under global data privacy laws. In order to understand your and NovaVerse’s obligations, it’s important to understand the difference between NovaVerse Controlled PI and User Controlled PI.
· “NovaVerse Controlled PI” means personal information for which NovaVerse determines the purposes and means of processing.
· “User Controlled PI” means personal information for which a User determines the purposes and means of processing. For User Controlled PI, NovaVerse acts as a data processor, service provider or similar term under applicable law. User Controlled PI includes User Content and End Users' personal information described in Section 12 that we host and process on behalf of our Users. Our Users tell us what we do with User Controlled PI on our Users’ instructions. Our Users are responsible for ensuring that their collection and processing of User Controlled PI complies with applicable law. If you are a User looking for contractual provisions about how NovaVerse will treat and secure your User Controlled PI, please see our Data Processing Addendum.
3. Personal information we collect
We collect various personal information regarding you or your device. This includes the following:
· Information you provide to create an Account, specifically email address, first name and last name.
· Information you provide if you sign up for Paid Services. For most Paid Services, this will include your billing address as well as a portion of your payment information which is provided to us from our payment processor (such as the last four digits, the country of issuance and the expiration date of the payment card).
· The emails and other communications that you send us or otherwise contribute, such as customer support inquiries or posts to our customer message boards or forums. Please be aware that information on public parts of our sites is available to others.
· Information you share with us in connection with surveys, contests or promotions.
· Information from your use of the Services or Users’ sites. This includes: IP addresses, preferences, web pages you visited prior to coming to our or our Users’ sites, information about your browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), information about how you interact with the Services and our Users’ sites (such as timestamps, clicks, scrolling, browsing times, searches, transactions, referral pages, load times, and problems you may encounter, such as loading errors).
4. How we collect personal information
We obtain personal information from various sources. We do this in three main ways:
· You provide some of it directly (such as by registering for an Account).
· We record some of it automatically when you use our Services or Users’ sites (including with technologies like cookies).
We’ve described this in more detail below.
a. Personal information you provide
When you use our Services, we collect information from you in a number of ways. For instance, we ask you to provide your name and email address to register and manage your Account. We also maintain your marketing preferences and the emails and other communications that you send us or otherwise contribute, such as customer support inquiries or posts to our customer message boards or forums. You might also provide us with information in other ways, including by responding to surveys, submitting a form or participating in contests or similar promotions.
Sometimes we require you to provide us with information for contractual or legal reasons. For example: (i) we may ask you to provide a mailing address and/or select your jurisdiction when you sign up for Paid Services to determine if, and how much, tax we need to collect from you. We’ll normally let you know when information is required, and the consequences of failing to provide it. If you do not provide personal information when requested, you may not be able to use our Services if that information is necessary to provide you with the service or if we are legally required to collect it.
b. Personal information obtained from your use of our Services
When you use our Services, we collect information about your activity on and interaction with the Services, such as your IP address(es), your device and browser type, the web page you visited before coming to our sites, what pages on our sites you visit and for how long and identifiers associated with your devices. If you’ve given us permission through your device settings, we may collect your location information in our mobile apps.
If you are an End User of our Users’ sites, we also get information about your interactions with their sites, though we use this in anonymous, aggregated or pseudonymized form which does not identify you directly. We use this data to evaluate, provide, protect or improve our Services (including by developing new products and services).
5. How we use your personal information
We use the personal information we obtain about you for the following purposes:
· Provision of the Services. Create and manage your Account, provide and personalize our Services, register or transfer your domain names, process payments and respond to your inquiries.
· Communicating with you. Communicate with you, including by sending you emails about your transactions and Service-related announcements.
· Surveys and contests. Administer surveys, contests and other promotions.
· Promotion. Promote our Services and send you tailored marketing communications about products, services, offers, programs and promotions of NovaVerse and our partners and measure the success of those campaigns. For example, we may send different marketing communications to you based on your subscription plan or what we think may interest you based on other information we hold about you.
· Advertising. Analyze your interactions with our Services and third parties’ online services so we can tailor our advertising to what we think will interest you. For example, we may decide not to advertise our Services to you on a social media site if you already signed up for Paid Services or we may choose to serve you a particular advertisement based on your subscription plan or what we think may interest you based on other information we hold about you.
· Improving our Services. Analyze and learn about how the Services are accessed and used, evaluate and improve our Services (including by developing new products and services and managing our communications) and monitor and measure the effectiveness of our advertising. We usually do this based on anonymous, pseudonymized or aggregated information which does not identify you directly. For example, if we learn that most Users of Paid Services use a particular integration or feature, we might wish to expand on that integration or feature.
· Security. Ensure the security and integrity of our Services.
· Third party relationships. Manage our vendor and partner relationships.
· Enforcement. Enforce our Terms of Service and other legal terms and policies.
· Protection. Protect our and others’ interests, rights and property (e.g., to protect our Users from abuse).
· Complying with law. Comply with applicable legal requirements, such as tax and other government regulations and industry standards, contracts and law enforcement requests.
We process your personal information for the above purposes when:
· Consent. You have consented to the use of your personal information in a particular way. When you consent, you can change your mind at any time.
· Performance of a contract. We need your personal information to provide you with services and products requested by you, or to respond to your inquiries. In other words, so we can perform our contract with you or take steps at your request before entering into one. For example, we need your email address so you can sign in to your NovaVerse account.
· Legal obligation. We have a legal obligation to use your personal information, such as to comply with applicable tax and other government regulations or to comply with a court order or binding law enforcement request.
· Legitimate interests. We have a legitimate interest in using your personal information. In particular, we have a legitimate interest in the following cases:
o To operate the NovaVerse business and provide you with tailored advertising and communications to develop and promote our business.
o To analyze and improve the safety and security of our Services - we do this as it is necessary to pursue our legitimate interests in ensuring NovaVerse is secure, such as by implementing and enhancing security measures and protections and protecting against fraud, spam and abuse.
o To provide and improve the Services, including any personalized services - we do this as it is necessary to pursue our legitimate interests of providing an innovative and tailored offering to our Users on a sustained basis.
o To share your personal information with other NovaVerse group companies that help us provide and improve the Services.
o To comply with a court order or binding law enforcement request.
o To anonymize and subsequently use anonymized information.
· Protecting you and others. To protect your vital interests, or those of others.
6. How we share your personal information
We share personal information in the following ways:
· Affiliates. We share personal information with our affiliates when it is reasonably necessary or desirable, such as to help provide services to you or analyze and improve the services we or they provide.
· Users. We share with our Users data regarding usage by End Users of their sites. For example, we provide a User with information about what web page the End User visited before coming to their site and how their End Users interacted with their site. This is so Users can analyze the usage of their sites and improve their services.
· Business partners. We may share personal information with business partners. For example, we may share your personal information when our Services are integrated with their Third Party Services, but only when you have been informed or would otherwise expect such sharing.
· Third Party Plugins and Social Networks. We may share personal information with website plugins, social media platforms or similar Third Party Services to improve your experience, at your direction, or when you intentionally interact with the plug-in. For example, when you use a Third Party Service to create or log in to your Account, we may share your personal information with that Third Party Service.
· Service providers. We share personal information with our service providers that perform services on our behalf. For example, we may use third parties to help us provide customer support, manage our advertisements on other sites, send marketing and other communications on our behalf or assist with data storage.
· Process payments. We transmit some of your personal information via an encrypted connection to our payment processor.
· Following the law or protecting rights and interests. We disclose your personal information if we determine that such disclosure is reasonably necessary to comply with the law, protect our or others’ rights, property or interests (such as enforcing our Terms of Service) or prevent fraud or abuse of NovaVerse or our Users or End Users. In particular, we may disclose your personal information in response to lawful requests by public authorities, such as to meet national security or law enforcement requirements.
· Advertising. We share personal information with third parties so they and we can provide you with tailored advertising and measure and monitor its effectiveness. For example, we may share your pseudonymized email address with a third party social media platform on which we advertise to avoid serving NovaVerse ads to people who already use NovaVerse.
· Business transfers. If we're involved in a reorganization, merger, acquisition or sale of some or all of our assets, your personal information may be transferred as part of that deal or the negotiation of contemplated deals.
7. Your rights and choices
Where applicable law requires (and subject to any relevant exceptions under law), you may have the right to access, update, change or delete personal information.
You can access, update, change or delete personal information (or that of your End Users) either directly in your Account or by contacting us at [email protected] to submit your request. Please note that we may need to verify your identity in connection with your requests, and such verification process may, if you do not have access to your Account, require you to provide us with additional information we maintain about you to verify your identity. Even if you have access to your Account, we may request additional information if we believe it’s necessary to verify your identity. If we are unable to verify your identity or request, we may not, in accordance with applicable law, be able to fulfill your request.
You can also elect not to receive marketing communications by changing your preferences in your Account or by following the unsubscribe instructions in such communications.
Please note that, for technical reasons, there is likely to be a delay in deleting your personal information from our systems when you ask us to delete it. We also will retain personal information in order to comply with the law, protect our and others’ rights, resolve disputes or enforce our legal terms or policies, to the extent permitted under applicable law.
You may have the right to restrict or object to the processing of your personal information or to exercise a right to data portability under applicable law. You also may have the right to lodge a complaint with a competent supervisory authority, subject to applicable law. If you are subject to EU data protection laws, we suggest you lodge any such complaints with our lead supervisory authority:
Irish Data Protection Commissioner
Data Protection Commission
21 Fitzwilliam Square South, Dublin 2, D02 RD28
Phone 01 7650100 & 1800437 737
Email: [email protected]
If you are a resident of the United Kingdom (the “UK”) or otherwise subject to UK data protection laws, you may lodge such complaints with the UK supervisory authority:
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF United Kingdom, Phone 0303 123 1113, Live Chat
Additionally, if we rely on consent for the processing of your personal information, you have the right to withdraw it at any time and free of charge. When you do so, this will not affect the lawfulness of the processing before your consent withdrawal.
If you are an End User of one of our User’s sites, you should contact them to exercise your rights with respect to any information they hold about you.
8. How we protect your personal information
While no service is completely secure, we have a security team dedicated to keeping personal information safe. We maintain administrative, technical and physical safeguards that are intended to appropriately protect against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse and any other unlawful form of processing, of the personal information in our possession. We employ security measures such as using firewalls to protect against intruders, building redundancies throughout our network (so that if one server goes down, another can cover for it) and testing for and protecting against network vulnerabilities.
9. How we retain your personal information
The precise periods for which we keep your personal information vary depending on the nature of the information and why we need it. Factors we consider in determining these periods include the minimum required retention period prescribed by law or recommended as best practice, the period during which a claim can be made with respect to an agreement or other matter, whether the personal information has been aggregated or pseudonymized, and other relevant criteria. For example, the period we keep your email address is connected to how long your Account is active, while the period for which we keep a support message is based on how long has passed since the last submission in the thread.
As Users may have a seasonal site or come back to us after an Account becomes inactive, we don’t immediately delete your personal information when your trial expires or you cancel all Paid Services. Instead, we keep your personal information for a reasonable period of time, so it will be there for you if you come back.
Please note that in the course of providing the Services, we collect and maintain aggregated, anonymized or de-personalized information which we may retain indefinitely.
10. Data transfers
Personal information that you submit through the Services may be transferred to countries other than where you live, such as, for example, to our servers in the U.S. We also store personal information locally on the devices you use to access the Services.
Your personal information may be transferred to countries that do not have the same data protection laws as the country in which you initially provided the information. For example, data we store may be accessible to law enforcement and national security authorities under certain circumstances.
We rely upon a number of means to transfer personal information which is subject to: (a) the European General Data Protection Regulation (“GDPR”) in accordance with Chapter V of the GDPR; or (b) applicable UK data privacy laws in accordance therewith. These include:
· Standard data protection clauses. We transfer, in accordance with Article 46 of the GDPR, personal information to recipients that have entered into the European Commission approved contract for the transfer of personal data outside the European Economic Area. We transfer, in accordance with UK law, personal information to recipients that have entered into the UK Information Commissioner’s Office approved international data transfer agreement and the UK addendum to such European Commission approved contract.
· Other means. We may, in accordance with Articles 45 and 46 of the GDPR, transfer personal information to recipients that are in a country the European Commission or a European data protection supervisory authority has confirmed, by decision, offers an adequate level of data protection, pursuant to an approved certification mechanism or code of conduct, together with binding, enforceable commitments from the recipient to apply the appropriate safeguards, including as regards data subjects’ rights, or to processors which have committed to comply with binding corporate rules.
11. End Users’ personal information
Our Users who have created an Account using NovaVerse are responsible for what they do with the personal information they collect, directly or through NovaVerse, about their End Users. This Section 11 is directed to such Users.
a. Your relationship with End Users
You're solely responsible for complying with any laws and regulations that apply to your collection and use of your End Users’ information, including personal information you collect about them from us or using NovaVerse functionality or cookies or similar technologies. Please be aware that you and NovaVerse may be independent controllers of some data (“Independently Controlled Data”). Independently Controlled Data includes data related to your End Users’ interactions with Your Site such as IP address, device/browser details, web pages visited prior to coming to Your Site and browsing activity on Your Site. Independently Controlled Data may be collected by the Services through an End User’s browser and technologies like cookies. Note that Independently Controlled Data is both NovaVerse Controlled PI and User Controlled PI.
You must publish your own privacy and cookie policies and comply with them.
We’re not liable for your relationship with your End Users or how you collect and use personal information about them (even if you collect it from us or using NovaVerse functionality or cookies or similar technologies) and we won’t provide you with any legal advice regarding such matters.
14. Who is NovaVerse?
When we say “NovaVerse” (or “we”, “us” or “our”), we mean: (a) VH International Ltd. if you are a resident of or have your principal place of business in the United States of America or any of its territories or possessions (the “US”); or (b) in any other case.
If your place of residence or principal place of business changes, the NovaVerse entity that controls your personal information will be determined by your new residence or principal place of business from the date it changes.
15. How to contact us
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